Ento v. WSPTO

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 CHRISTIAN DAVID ENTO, ) Case No.: 1:25-cv-0564 JLT SAB ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE FOR FAILURE ) TO PROSECUTE AND FAILURE TO OBEY THE 14 WSPTO and WORLD PATENT TRADE ) COURT’S ORDER, AND DIRECTING THE ORGANIZATION, ) CLERK OF COURT TO CLOSE THE CASE 15 ) Defendants. ) (Doc. 4) 16 )

17 Christian David Ento initiated the action by filing a complaint on May 12, 2025, but he did not 18 pay the filing fee. (Doc. 1.) The following day, the Court ordered Plaintiff to pay the filing fee or apply 19 to proceed in forma pauperis within 45 days. (Doc. 2.) After Plaintiff failed to pay the filing fee, 20 submit a motion to proceed in forma pauperis, or otherwise communicate with the Court, the 21 magistrate judge found Plaintiff failed to prosecute the action and failed to comply with the Court’s 22 order. (Doc. 4.) The magistrate judge found terminating sanctions are appropriate after considering the 23 factors identified by the Ninth Circuit in Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 24 1987). (Id. at 2-3.) Therefore, the magistrate judge recommended the Court dismiss the action without 25 prejudice. (Id. at 3.) 26 The Court served the Findings and Recommendations on Plaintiff and notified him that any 27 objections were due within 14 days. (Doc. 4 at 3.) The Court advised him that the “failure to file 28 objections within the specified time may result in the waiver of rights on appeal.” (Id. at 4, citing 1 || Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the 2 || time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Havi 4 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 5 || by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated July 15, 2025 (Doc. 4) are ADOPTED in 7 full. 8 2. The action is DISMISSED without prejudice, for failure to prosecute and failure to 9 comply with the Court’s order. 10 3. The Clerk of Court is directed to close this case. 11 12 IS SO ORDERED. Dated: _ August 7, 2025 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28