(PC) Boland v. Second Watch Officer

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL BOLAND, Case No.: 1:23-cv-01019-JLT-SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION 13 v. WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDERS AND 14 SECOND WATCH OFFICER, et al., FAILURE TO PROSECUTE

15 Defendants. (Doc. 13)

16 17 Plaintiff Daniel Boland Stevens seeks to hold the defendants liable for civil rights 18 violations pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 The magistrate judge recommended this action be dismissed without prejudice for 21 Plaintiff’s failure to obey court orders and failure to prosecute by failing to keep the Court 22 apprised of his current address. (Doc. 13.) The Court served the Findings and Recommendations 23 on Plaintiff and notified him that any objections were due within 14 days. (Id. at 4.) The Court 24 advised him that the “failure to file objections within the specified time may result in the waiver 25 of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) 26 Following service by mail, the magistrate judge’s findings were returned by the postal service 27 marked “Undeliverable, Paroled.” (See Docket.) Plaintiff did not file objections, and the time to do so has passed. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 2 | case. Having carefully reviewed the matter, the Court concludes the Findings and 3 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on January 18, 2023 (Doc. 13) are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice. The Clerk of the Court is directed to 7 close this case. 8 9 IT IS SO ORDERED. | Dated: _ January 26, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28