(PC) Ponce v. Ramadan ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PABLO JESUS PONCE, 1:23-cv-1193 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THIS 13 v. ACTION FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDERS AND FAILURE TO 14 RAMADAN, et al., PROSECUTE, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 15 Defendants. (Doc. 13) 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action 18 pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to obey court orders 19 and failed to prosecute the action after he failed to respond to the Court’s screening order in any 20 way, including by filing an amended complaint. (Doc. 13 at 2, 4.) Therefore, the magistrate judge 21 recommended the action be dismissed without prejudice. (Id. at 4.) 22 The Court served the Findings and Recommendations on Plaintiff and notified him that 23 any objections were due within 21 days. (Doc. 13 at 4-5.) The Court advised him that the 24 “[f]ailure to file objections within the specified time may result in waiver of rights on appeal.” 25 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 26 objections, and the time to do so has passed. 27 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 28 case. Having carefully reviewed the matter, the Court concludes the Findings and 1 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendations issued on January 26, 2023 (Doc. 13) are 3 ADOPTED in full. 4 2. This action is DISMISSED without prejudice. 5 3. The Clerk of Court is directed to close this case. 6 7 IT IS SO ORDERED. 3 Dated: _ February 22, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28