(PC) Weems v. Clark ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN WEEMS, ) Case No.: 1:21-cv-0531 JLT GSA (PC) ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 CLARK, et al., ) THE CASE ) 15 Defendants. ) (Doc. 13) ) 16 ) 17 Jonathan Weems is a state prisoner proceeding pro se and in forma pauperis with this civil 18 rights action pursuant to 42 U.S.C. § 1983. Previously, the magistrate judge found Plaintiff failed to 19 state a claim and directed him to file an amended complaint. (Doc. 10.) Plaintiff failed to file any 20 amended complaint, the magistrate judge found Plaintiff failed to comply with the Court’s order. 21 (Doc. 13.) Therefore, the magistrate judge recommended the action be dismissed without prejudice. 22 (Id. at 3.) 23 The Court served the Findings and Recommendations to Plaintiff and notified him that 24 objections, if any, were due within 14 days after the date of service. (Doc. 13 at 3.) In addition, the 25 Court informed Plaintiff that the “failure to file objections within the specified time may result in the 26 waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) 27 To date, Plaintiff has not filed objections or otherwise responded to the Court, and the time to file 28 objections has expired. 1 According 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court conducted a de novo 2 || review of this case. Having carefully reviewed the entire case, the Court concludes the Findings and 3 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on February 27, 2023 (Doc. 13), are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice, for Plaintiff's failure to comply with th 7 Court’s order. 8 3. The Clerk of Court is directed to close this case. 9 10 IS SO ORDERED. 11 || Dated: _ May 4, 2023 ( LAW pA LU. wan 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28