(PC) Allen v. California Department of State Hospitals ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ALLEN, 1:23-cv-0911 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. THE ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF 14 CALIFORNIA DEPARTMENT OF STATE COURT TO CLOSE THE CASE HOSPITALS, et al., 15 (Doc. 8) Defendants. 16 17 David Allen seeks to hold Defendants liable for violations of his civil rights pursuant to 42 18 U.S.C. § 1983. (See generally Doc. 1.) The magistrate judge screened the complaint pursuant to 19 28 U.S.C. § 1915A, and found Plaintiff failed to state a cognizable claim. (See generally Doc. 6.) 20 The magistrate judge directed Plaintiff to file an amended complaint within 21 days. (Id. at 11.) 21 In the alternative, the Court informed Plaintiff that he could file a notice of voluntary dismissal. 22 (Id.) The Court warned Plaintiff that his failure to comply with the Court’s order would result in 23 a recommendation that his case be dismissed. (Id.) Plaintiff did not file an amended complaint or 24 respond to the order. 25 The magistrate judge then found Plaintiff failed to comply with the Court’s order and 26 failed to prosecute this action. (Doc. 8 at 2-4.) Therefore, the magistrate judge recommended the 27 action be dismissed without prejudice. (Id. at 4.) The magistrate judge advised Plaintiff that the 28 “failure to file objections within the specified time may result in waiver of his rights on appeal.” 1 | Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections were filed, 2 | and the time to do so expired. 3 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 4 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 5 || Recommendations are supported by the record and proper analysis. Accordingly, the Court 6 | ORDERS: 7 1. The Findings and Recommendations issued on November 2, 2023 (Doc. 8) are 8 ADOPTED in full. 9 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey a 10 Court order and failure to prosecute. 11 3. The Clerk of Court is directed to close this case. 12 B IT IS SO ORDERED. 14 Dated: _ November 28, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28