(PC) LeBlue v. Cates ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIC BRIAN LEBLUE , ) Case No.: 1:21-cv-1430 JLT GSA (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS TO DISMISS CASE, 13 v. ) WITHOUT PREJUDICE, FOR FAILURE TO ) COMPLY WITH COURT ORDER 14 CATES, et al., ) ) (Doc. 8.) 15 Defendants. ) ) 16 17 The assigned magistrate judge recommended the action be dismissed for Plaintiff’s failure to 18 comply with the Court’s order dated December 1, 2021. (Doc. 13.) Plaintiff was granted 14 days in 19 which to file objections to the Findings and Recommendations. (Id.) In addition, Plaintiff was 20 “advised that failure to file objections within the specified time may result in the waiver of rights on 21 appeal.” (Doc. 13 at 3, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. 22 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) The 14-day period expired, and Plaintiff did not file 23 objections or otherwise respond to the Findings and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court 25 conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 26 concludes the Findings and Recommendations to be supported by the record and proper analysis. 27 Accordingly, the Court ORDERS: 28 1. The Findings and Recommendations dated March 25, 2022 (Doc. 13), are ADOPTED. 1 2. This action is DISMISSED without prejudice. 2 3. The Clerk of Court is directed to close this case. 3 4 IT IS SO ORDERED. Dated: _ April 21, 2022 Cerin | Tower 6 TED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28