(PC) Tirado v. Santiago ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS ANDREW TIRADO, Case No. 1:22-cv-00724 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY A 14 SANTIAGO, et al., COURT ORDER, AND FAILURE TO PROSECUTE 15 Defendants. (Doc. 17) 16 17 The assigned magistrate judge reviewed the allegations of Plaintiff’s complaint pursuant 18 to 28 U.S.C. § 1915A and found Plaintiff failed to comply with Rule 8 of the Federal Rules of 19 civil Procedure and failed to state a cognizable claim upon which relief may be granted. (Doc. 16 20 at 3-9.) The magistrate judge granted Plaintiff 30 days to file an amended complaint or to file 21 notice of voluntary dismissal. (Id. at 10.) In addition, the Court warned Plaintiff that if he failed 22 to file an amended complaint, “the Court [would] recommend dismissal of this action, with 23 prejudice, for failure to obey a court order and for failure to state a claim.” (Id. at 10.) Despite 24 this, Plaintiff did not file an amended complaint or otherwise communicate with the Court. (Id.) 25 A month later, the magistrate judge found that “Plaintiff has ceased litigating his case,” 26 and recommended the action be dismissed with prejudice “for failure to state a claim 27 pursuant to 28 U.S.C. § 1915A, for failure to obey a Court order, and for Plaintiff’s failure to 28 prosecute this action.” (Doc. 17 at 10-11.) The Court served the Findings and Recommendations 1 | on Plaintiff, which advised him that any objections were due within 14 days. (Ud. at 14.) The 2 | court advised him also that the “failure to file objections within the specified time may result in 3 | the waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (/d., quoting 4 | Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) Plaintiff did not file objections, and 5 | the deadline to do so has passed. 6 According to 28 U.S.C. § 636 (b)(1)(C), the Court conducted a de novo review of the case. 7 | Having carefully reviewed the entire matter, the court concludes the Findings and 8 | Recommendations are supported by the record and by proper analysis. Thus, the Court 9 | ORDERS: 10 1. The Findings and Recommendations issued on September 29, 2022 (Doc. 17), are 11 ADOPTED in full. 12 2. This action is DISMISSED with prejudice. 13 3. The Clerk of the Court is directed to close this case. 14 15 IT IS SO ORDERED. 6 Dated: _ November 7, 2022 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28