(PC) Carter v. United States ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRANCE MACK CARTER, Case No. 1:23-cv-00352-KJM-HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (ECF No. 49) 14 UNITED STATES OF AMERICA, 15 Defendant. 16 17 Terrance Mack Carter, a former federal prisoner proceeding pro se and in forma pauperis, 18 is proceeding on his First Amended Complaint (FAC) in this civil rights action, originally filed in 19 the Southern District of California. ECF No. 6. On June 30, 2020, the previously-assigned 20 Magistrate Judge ordered the FAC served on Defendants. ECF No. 7. Defendants subsequently 21 filed a Motion to Dismiss, which the previously-assigned District Judge granted with leave to 22 amend on September 22, 2023. ECF Nos. 26, 40. Plaintiff was granted two extensions of time in 23 which to file his second amended complaint (SEC), but to date has not done so. See ECF Nos. 24 42, 48. 25 After Plaintiff failed to timely file a SAC, the assigned Magistrate Judge issued Findings 26 and Recommendations (“F&R”) to dismiss Plaintiff’s case without prejudice for failure to 27 prosecute and comply with a Court order. ECF No. 49. The order was served on Plaintiff at his 28 address of record and contained a notice that any objections were to be filed within 14 days. Id. 1 |} 4-5. In addition, Plaintiff was informed that the “failure to file objections within the specified 2 || time may result in the waiver of certain rights on appeal.” /d. (citing Wilkerson v. Wheeler, 3 || 772 F.3d 834, 838-39 (9th Cir. 2014)). To date, Plaintiff has not filed any response to the 4 | June 21, 2024 F&R and the time to do so has expired. See generally Docket. 5 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this 6 || case. Having reviewed the file, the court concludes that the findings and recommendation are 7 || supported by the record and proper analysis. 8 Thus, the Court ORDERS: 9 1. The Findings and Recommendations issued on June 21, 2024 (ECF No. 49) are 10 ADOPTED in full. 11 2. This action is dismissed without prejudice. 12 3. The Clerk of Court is directed to close this case. 13 | DATED: September 9, 2024. 14 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28