(PC) Melger v. United States Department of the Treasury ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOSEPH MELGER, ) Case No.: 1:21-cv-01183 JLT SAB (PC) ) 12 Plaintiff, ) AMENDED ORDER ADOPTING THE FINDINGS ) AND RECOMMENDATIONS AND DISMISSING 13 v. ) ACTION WITHOUT PREJUDICE ) 14 UNITED STATES DEPARTMENT OF ) (Doc. 19) TREASURY, et al., ) 15 ) ) 16 Defendants. ) ) 17 18 The Court dismissed Plaintiff’s First Amended Complaint and granted him thirty days to file a 19 second amended complaint. (Doc. 15.) Plaintiff failed to file a second amended complaint or 20 otherwise respond to the Court’s order. Therefore, the Court ordered Plaintiff to show cause why the 21 action should not be dismissed. (Doc. 18.) After Plaintiff failed to respond to the order to show cause, 22 the magistrate judge found Plaintiff failed to prosecute the action and recommended dismissal of the 23 action. (Doc. 19.) 24 The Court served the findings and recommendations, which contained notice that objections 25 were due within fourteen days. (Doc. 19 at 8.) In addition, the Court advised Plaintiff that the “failure 26 to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 27 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th 28 Cir. 1991).) Even still, Plaintiff did not file objections, and the deadline to do so has passed. 1 According to of 28 U.S.C. 8 636 (b)(1)(C), this Court conducted a de novo review of the case. 2 || Having carefully reviewed the entire matter, the Court concludes that the magistrate judge’s Findings 3 || and Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS 4 1. The Findings and Recommendations issued on March 23, 2022 (Doc. 19), are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice. 7 3 The Clerk of Court is directed to close this action. 8 9 IT IS SO ORDERED. 10 || Dated: _ April 21, 2022 Cerin | Tower 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28