(PC) Buckhanan v. United States

Opinion

XAVIER BUCKHANAN, Case No. 1:24-cv-0811 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING THE v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO UNITED STATES OF AMERICA, et al., CLOSE THIS CASE

Defendants. (Doc. 20)

Xavier Buckhanan is proceeding pro se in this action, filed pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act, 28 U.S.C. § 1267. The magistrate judge found Plaintiff failed to prosecute the action and failed to comply with the Court’s order. (Doc. 20 at 1-2.) The magistrate judge found dismissal of this action without prejudice was appropriate, after considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). (Id. at 2-3.) The Court served these Findings and Recommendations Plaintiff and notified him that any objections were due within 30 days. (Doc. 20 at 2-3.) The Court advised Plaintiff that the “[f]ailure to file objections within the specified time may result in the waiver of rights on appeal.” (Id. at 4, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections and the time to do so expired. According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on November 18, 2024 (Doc. 20) are ADOPTED in full. 2. This action is DISMISSED without prejudice for Plaintiffs failure to prosecute and failure to obey the Court’s order. 3. The Clerk of Court is directed to close this case. Dated: _ December 22, 2024 Cerin | Tower TED STATES DISTRICT JUDGE