(PC) Villery v. Crounse ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARED M. VILLERY, ) Case No.: 1:18-cv-1623 JLT SKO (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 D. CROUSNE, et al., ) THE CASE ) 15 Defendants. ) (Doc. 133) ) 16 ) 17 Jared M. Villery 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 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 The magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute 21 this action. (Doc. 133.) Therefore, the magistrate judge recommended the action be dismissed 22 without prejudice. (Id. at 4.) The Court granted the parties 14 days to file any written objections. (Id. 23 at 5.) In addition, the Court advised Plaintiff that the “failure to file objections within the specified 24 time may result in waiver of his rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 25 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, the parties 26 have not filed objections, and the time to do so has expired. 27 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 28 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations to be 1 || supported by the record and proper analysis. Accordingly, the Court ORDERS: 2 1. The findings and recommendations issued on January 5, 2023 (Doc. 133) are 3 ADOPTED in full. 4 2. The action is DISMISSED, without prejudice, for Plaintiff's failure to obey court 5 orders and failure to prosecute. 6 3. The Clerk of the Court is directed to terminate all pending motions and to close this 7 case. 8 9 || IT IS SO ORDERED. 10 Dated: _ January 25, 2023 ( Hug LL. | Ms h \ 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28