(PC)Facundo v. Hill ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOE FACUNDO, Case No. 1:22-cv-0285 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. ACTION WITHOUT PREJUDICE FOR FAILURE TO OBEY COURT ORDERS AND 14 HILL, et al., FAILURE TO PROSECUTE 15 Defendants. (Doc. 12) 16 17 Joe Facundo seeks to hold the defendants liable for civil rights violations pursuant to 42 18 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 Because Plaintiff failed to obey the Court’s order and failed to prosecute this action, the 21 magistrate judge recommended the action be dismissed without prejudice. (Doc. 12.) at 4.) These 22 Findings and Recommendations were served by mail on May 1, 2023. They informed Plaintiff 23 that any objections were due within 14 days of the date of service. (Id.) In addition, the Court 24 advised Plaintiff that the “failure to file objections within the specified time may result in waiver 25 of his rights on appeal.” (Id. at 4-5, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 26 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991). To date, Plaintiff has not filed 27 objections, and the time to do so has expired. 1 | case. Having carefully reviewed the matter, the Court concludes the Findings and 2 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. The Findings and Recommendations issued on May 1, 2023 (Doc. 12) are 4 ADOPTED in full. 5 2. The action is DISMISSED, without prejudice, for Plaintiff's failure to obey court 6 orders and failure to prosecute. 7 3. The Clerk of the Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ May 24, 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