Chavez v. U.S. Probation Officer

Opinion

1 2 3 4 5 6 7 10 11 FILBERTO CHAVEZ, Case No.: 1:24-cv-01132 JLT SAB 12 Plaintiff, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. THE ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO

15 Defendant. (Doc. 7)

16 17 Filberto Chavez seeks to hold an unidentified U.S. Probation Officer liable for violations 18 of his civil rights. (See generally Doc. 1.) Plaintiff did not pay the Court’s filing fee or submit a 19 completed application to proceed in forma pauperis in this matter, despite being ordered to do so. 20 (See Docs. 4, 5.) The assigned magistrate judge found Plaintiff failed to prosecute this action— 21 and failed to comply with the Court’s orders. (Doc. 7 at 1-2.) The magistrate judge also found 22 terminating sanctions are appropriate after considering the factors identified by the Ninth Circuit. 23 (Id. at 2-3.) Therefore, the magistrate judge recommended the Court dismiss the action without 24 prejudice. (Id. at 4.) 25 The Court served these Findings and Recommendations on Plaintiff and notified him at 26 that any objections were due within 14 days. (Doc. 7 at 4.) The Court advised him that the 27 “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 1 | objections, and the time to do so expired. 2 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 3 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 4 | are supported by the record and proper analysis. Thus, the Court ORDERS: 5 1. The Findings and Recommendations issued on December 5, 2024 (Doc. 7) are 6 ADOPTED in full. 7 2. This action is DISMISSED without prejudice for Plaintiff's failure to pay the filing 8 fee, failure to obey the Court’s orders, and failure to prosecute. 9 3. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 12 | Dated: _January 2, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28