Martinez v. Mahoney ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GABRIEL MARTINEZ, ) Case No.: 1:22-cv-0427 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS TO DISMISS CASE, 13 v. ) WITHOUT PREJUDICE, FOR FAILURE TO ) PROSECUTE AND COMPLY WITH COURT’S 14 JOCELYNN DEANNA MAHONEY, ) ORDER ) 15 Defendant. ) (Doc. 9) ) 16 ) ) 17 ) 18 Plaintiff Gabriel Martinez is proceeding pro se and in forma pauperis in this civil action. 19 The assigned magistrate judge screened the complaint on April 20, 2022, concluding that Plaintiff 20 failed to allege a basis for subject matter jurisdiction or state any cognizable claim. (Doc. 8.) Despite 21 giving Plaintiff leave to amend his complaint or file a notice to stand on his complaint, Plaintiff failed 22 to file anything. 23 Accordingly, because Plaintiff failed to prosecute this case and comply with a court order, the 24 assigned magistrate judge issued Findings and Recommendations on June 1, 2022, that this case be 25 dismissed without prejudice. (Doc. 9.) The Court served the Findings and Recommendations on 26 Plaintiff, notifying him that any objections were due within fourteen days. (Id. at 4.) The Court also 27 advised Plaintiff “that failure to file objections within the specified time may result in the waiver of 28 rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. 1 || Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff filed no objections, and the time to do so ha 2 || passed. 3 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 4 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 5 || are supported by the record and by proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated June 1, 2022 (Doc. 9), are ADOPTED IN 7 FULL. 8 2. This case is DISMISSED without prejudice, because of Plaintiffs failure to prosecute 9 and comply with the Court’s order. 10 3. The Clerk of Court is directed to close this case. 11 12 ||IT IS SO ORDERED. 13 |) Dated: _ July 1, 2022 ( LAW pA L. wan 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28