(PC) Harper v. Path ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNATHAN SETH HARPER, No. 1:21-cv-0558 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 WELL PATH, et al., CLOSE THE CASE 15 Defendants. (Doc. 38) 16 17 Johnathan Seth Harper initiated this action seeking to hold the defendants liable for 18 violations of his civil rights while incarcerated at Kings County Jail Hanford. (Doc. 1.) The 19 magistrate judge determined that Plaintiff has since failed to prosecute the action and failed to 20 comply with the Court’s orders. (Doc. 38.) Thus, the magistrate judge recommended the action 21 be dismissed without prejudice. (Id. at 5.) 22 The Court served the Findings and Recommendations on Plaintiff and notified him that 23 any objections were due within 14 days. (Doc. 38 at 5.) The Court advised him that the “failure 24 to file objections within the specified time may result in the waiver of certain 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), this Court performed a de novo review of this case. 28 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 1 | are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendation, filed on April 11, 2024 (Doc. 38) is 3 ADOPTED in full. 4 2. The 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: _ May 8, 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