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(PC) Schowachert v. Sorano ( 2023 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PAUL MARK SCHOWACHERT, No. 1:21-cv-0975 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 BILL POLLEY, CLOSE THE CASE 15 Defendant. (Doc. 12) 16 17 John Paul Mark Schowachert filed this prisoner civil rights action under 42 U.S.C. § 1983. 18 (Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 On September 19, 2023, the magistrate judge found Plaintiff failed to prosecute this action 21 and failed to comply with the Court’s order dated August 4, 2023, which directed Plaintiff to 22 show cause why the action should not be dismissed for his failure to exhaust administrative 23 remedies. (Doc. 12 at 2-6; see also Doc. 10.) Therefore, the magistrate recommended the action 24 be dismissed without prejudice. (Doc. 12 at 6.) The Court served the Findings and 25 Recommendations on Plaintiff and notified him that any objections were due with 14 days. (Id.) 26 The Court also informed Plaintiff that the “failure to file objections within the specified time may 27 result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th 28 Cir. 2014).) Plaintiff did not file objections, and the deadline to do so expired. 1 According to 28 U.S.C. § 636(b)(1)(C), the Court performed a de novo review of this 2 | case. Having reviewed the file, the Court concludes the Findings and Recommendations are 3 | supported by the record and by proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations, filed on September 19, 2023 (Doc. 12) are 5 ADOPTED in full. 6 2. The complaint is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ November 2, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 1:21-cv-00975

Filed Date: 11/2/2023

Precedential Status: Precedential

Modified Date: 6/20/2024