(PC) Sloan v. Cisneros ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY LEE SLOAN, JR., Case No.: 1:23-cv-00699-JLT-CDB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 v. RECOMMENDATIONS TO DISMISS FOR FAILURE TO OBEY COURT ORDERS AND 14 T. CISNEROS, et al., FAILURE TO PROSECUTE 15 Defendants. (Doc. 13) 16 17 18 Johnny Lee Sloan, Jr. seeks to hold the defendants liable for civil rights violations 19 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 The magistrate judge recommended this action be dismissed for Plaintiff’s failure to obey 22 court orders and failure to prosecute. (Doc. 13.) Specifically, the magistrate judge found Plaintiff 23 failed to file either a first amended complaint or a notice of voluntary dismissal as ordered 24 following screening of his complaint. (Id. at 2-4.) Additionally, the magistrate judge advised 25 Plaintiff that the “failure to file objections within the specified time may result in waiver of his 26 rights on appeal.” (Id. at 4, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter 27 v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No objections were filed. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 2 | case. Having carefully reviewed the matter, the Court concludes the Findings and 3 || Recommendations to be supported by the record and proper analysis. Accordingly, the Court 4 | ORDERS: 5 1. The Findings and Recommendations issued on August 22, 2023 (Doc. 13) are 6 ADOPTED IN FULL. 7 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey court 8 orders and failure to prosecute. 9 3. The Clerk of the Court is directed to terminate any pending motions or deadlines and 10 to close this case. 11 b IT IS SO ORDERED. 13 | Dated: _ September 15, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28