(PC)Carter v. Randolph ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD CARTER, Case No. 1:23-cv-1507 JLT SAB (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 A. RANDOLPH, et al. PROSECUTE, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 15 Defendants. (Doc. 11) 16 17 Ronald Carter is proceeding pro se and in forma pauperis in this action filed pursuant to 18 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to obey court orders and failed to 19 prosecute the action after he failed to respond to the Court’s screening order in any way, 20 including by filing an amended complaint to cure the pleading defects identified by the Court. 21 (Doc. 11.) Therefore, the magistrate judge recommended the action be dismissed. (Id. at 8.) 22 The Court served the Findings and Recommendations on Plaintiff and notified him that 23 any objections were due within 14 days. (Doc. 11 at 8.) The Court advised him that the “[f]ailure 24 to file objections within the specified time may result in waiver of rights on appeal.” (Id., citing 25 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and 26 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 February 21, 2024 (Doc. 11) 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: _ March 19, 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