(PC) Sloan v. Cisneros ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY LEE SLOAN, JR., Case No. 1:21-cv-1477 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THIS CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND FAILURE 14 K. TALLEY, et al., TO COMPLY WITH COURT ORDERS 15 Defendants. (Doc. 44) 16 17 Johnny Lee Sloan, Jr. initiated this action pro se, seeking to hold the defendants liable for 18 civil rights pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to prosecute 19 this action and failed to comply with the Court’s orders. Therefore, the magistrate judge 20 recommended the action be dismissed without prejudice. (Doc. 44.) 21 The Court served the Findings and Recommendations on Plaintiff and notified him that 22 any objections were due within 14 days of the date of service. (Doc. 44 at 3.) In addition, the 23 Court advised him that the “failure to file objections within the specified time may result in the 24 waiver of rights on appeal.” (Id. at 4, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 25 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No objections were filed and the 26 time to do so has expired. 27 According to 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this Court has conducted a de 28 novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 1 | and recommendations to be supported by the record and proper analysis. Thus, the Court 2 | ORDERS: 3 1. The Findings and Recommendations issued on September 5, 2023 (Doc. 44) are 4 ADOPTED in full. 5 2. This case is DISMISSED without prejudice for failure to prosecute and failure to 6 comply with court orders. 7 3. The Clerk of Court is DIRECTED to close this case. 8 9 IT IS SO ORDERED. 19 | Dated: _ September 29, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28