Amps v. Magsig ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVARIS AMPS, ) Case No.: 1:23-cv-1260 JLT SKO ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND NATHAN MAGSIG, ) DIRECTING THE CLERK OF COURT TO CLOSE 14 ) THE CASE Defendant. ) 15 ) (Doc. 5) ) 16 17 Travaris Amps initiated this action by filing a complaint on August 22, 2023. (Doc. 1.) 18 However, Plaintiff did not pay the Court’s filing fee or file a motion to proceed in forma pauperis. 19 Therefore, the Court ordered Plaintiff to apply to proceed in forma pauperis or pay the filing fee. 20 (Doc. 2.) After Plaintiff failed to do so, the assigned magistrate judge issued an order to show cause 21 within 21 days why the action should not be dismissed for his failure to comply with a court order, 22 failure to prosecute, and failure to pay the filing fee. (Doc. 4.) Plaintiff did not file any response, and 23 the time to do so has passed. 24 The assigned magistrate judge thereafter recommended the action be dismissed for Plaintiff’s 25 failure to comply with court orders, failure to prosecute, and failure to pay the filing fee. (Doc. 5.) On 26 November 2, 2023, the Court served the Findings and Recommendations on Plaintiff and notified him 27 that any objections were due within 14 days. (Doc. 5 at 2.) The Court also informed him that the 28 “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id. citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)). No objections were filed, and the 3 deadline to do so has expired. 4 Pursuant to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d ° 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewed the matter, the Court finds the Findings and Recommendations are supported by the record ’ and proper analysis. Accordingly, the Court ORDERS: 1. The Findings and Recommendations dated November 2, 2023 (Doc. 5) are ADOPTE] ° IN FULL. 10 2. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. 3. The Clerk of Court is directed to close this action. 13 ll tr Is SO ORDERED. 14 * Dated: _ November 28, 2023 : 15 Cari (Town 16 17 18 19 20 21 22 23 24 25 26 27 28