- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JIN HYO SHIN, 1:22-cv-01544 JLT SAB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THE ACTION FOR PLAINTIFF’S FAILURE TO PROSECUTE, FAILURE TO COMPLY 14 NANCY GONSALEZ, et al., WITH A COURT ORDER, AND FAILURE TO PAY THE FILING FEE 15 Defendants. (Doc. 5) 16 17 18 Jin Hyo Shin is a state prisoner proceeding pro se in this civil rights action filed under 42 19 U.S.C. § 1983. Because Plaintiff initiated this action without paying the filing fee, the Court 20 ordered Plaintiff to submit a motion to proceed in forma pauperis or pay the fee on December 22, 21 2022. (Doc. 3.) The Court granted Plaintiff 45 days to take action and warned Plaintiff that 22 failure to comply with the order would result in dismissal of the action. (Id. at 1.) However, 23 Plaintiff failed to pay the filing fee, file a motion, or otherwise respond to the Court’s order. 24 Therefore, the magistrate judge recommended the action be dismissed without prejudice due to 25 Plaintiff’s failure to prosecute, failure to comply with the Court’s order, and failure to pay the 26 filing fee. (Doc. 5.) 27 The Court served the Findings and Recommendations on March 9, 2023 and notified 28 Plaintiff that objections to the recommendations were due within 14 days of service. (Doc. 5 at 1 | 4.) In addition, the Court advised that the “failure to file objections within the specified time 2 | may result in the waiver of rights on appeal.” Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 3 | 839 (th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not 4 | file objections were filed, and the deadline to do so has expired. 5 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 6 | case. Having carefully reviewed the entire file, the Court finds the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on March 9, 2023 (Doc. 5), are 9 ADOPTED IN FULL. 10 2. This action is DISMISSED without prejudice. 11 3. The Clerk of Court is directed to close this case. 12 B IT IS SO ORDERED. | Dated: _ April 11, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 1:22-cv-01544
Filed Date: 4/12/2023
Precedential Status: Precedential
Modified Date: 6/20/2024