(PC) Thompson v. Jimminez ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND THOMPSON, No. 1:21-cv-0165 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 JIMMINEZ, et al., CLOSE THE CASE 15 Defendant. (Doc. 15) 16 17 Raymond Thompson filed this action under 42 U.S.C. § 1983, seeking to hold several 18 individuals employed at Kern Valley State Prison liable for violations of his civil rights. (Doc. 1.) 19 The magistrate judge screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(a) and 20 determined Plaintiff did not stage a cognizable claim. (Doc. 15 at 4-8.) Plaintiff was granted the 21 opportunity to file an amended complaint, and informed he may also choose to file a notice of 22 voluntary dismissal. (Id. at 9-10.) Plaintiff was informed that if he failed to timely respond in 23 any way to the Court’s order, the magistrate judge would recommend the action be dismissed. 24 (Id. at 10.) 25 After Plaintiff failed to respond to the Order, the magistrate judge found Plaintiff failed to 26 comply with the Screening Order and failed to prosecute the action. (Doc. 15 at 3-5.) Therefore, 27 the magistrate judge recommended the action be dismissed without prejudice. (Id. at 5.) The 28 Court served the Findings and Recommendations on Plaintiff and notified him that any objections 1 | were due within 14 days. Ud.) The Court advised Plaintiff that the “failure to file objections 2 | within the specified time may result in waiver of his rights on appeal.” (d., citing Wilkerson v. 3 | Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to 4 | doso has passed. 5 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 6 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations dated January 2, 2024 (Doc. 15) are 9 ADOPTED in full. 10 2. The action is DISMISSED without prejudice for Plaintiff's failure to obey the 11 Court’s order and failure to prosecute. 12 3. The Clerk of Court shall close this case. 13 4 IT IS SO ORDERED. 5 Dated: _ February 8, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28