(PC) Frye v. Gredler ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JHONATHAN A. FRYE, Case No.: 1:23-cv-00386-JLT-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 v. RECOMMENDATIONS TO DISMISS ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S 14 ANGELA GREDLER, et al., FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE 15 Defendants. (Doc. 10) 16 17 Jhonathan A. Frye seeks to hold defendants liable for violations of his civil rights pursuant 18 to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 11, 2023, the assigned magistrate judge issued findings and recommendations 21 to dismiss this action for Plaintiff’s failure to obey court orders and failure to prosecute. (Doc. 22 10.) Specifically, the assigned magistrate judge found Plaintiff failed to file an amended 23 complaint or a notice of voluntary dismissal following screening. (Id. at 2-4.) The magistrate 24 judge provided Plaintiff 14 days within which to file any objections to the findings and 25 recommendations. (Id. at 4.) Plaintiff was also advised that the “failure to file objections within 26 the specified time may result in waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 27 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No 1 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations to 3 | be supported by the record and proper analysis. Accordingly, the Court ORDERS: 4 1. The Findings and Recommendations issued on October 11, 2023 (Doc. 10) are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey court 7 orders and failure to prosecute. 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. Dated: _ October 30, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28