(PC) Burton v. Moya

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAJON BURTON, No. 1:25-cv-00131-JLT-BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. ACTION, WITHOUT PREJUDICE, FOR FAILURE TO OBEY COURT ORDER AND 14 MOYA, et al., FAILURE TO PROSECUTE 15 Defendants. (Doc. 5) 16 17 Dajon Burton is a state prisoner proceeding pro se in this civil rights case brought 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 24, 2025, the assigned magistrate judge issued findings and recommendations 21 recommending dismissal of this action, without prejudice, for failure to obey court orders and 22 failure to prosecute this action due to Plaintiff’s failure to file a signed complaint or a notice of 23 voluntary dismissal and his failure to submit a completed application to proceed in forma 24 pauperis or pay the filing fee to proceed with this action. (Doc. 5.) The Court served the findings 25 and recommendations on Plaintiff and notified him that any objections were due within 14 days. 26 (Id. (citing Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014).) No objections have 27 been filed, and the deadline to do so has now passed. 28 /// 1 According to 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the 2 | case. Having carefully reviewed the entire matter, the Court concludes that the findings and 3 || recommendations are supported by the record and by proper analysis. Therefore, the Court 4 | ORDERS: 5 1. The findings and recommendations issued on March 24, 2025, (Doc. 5), are ADOPTED 6 IN FULL. 7 2. This action is DISMISSED, without prejudice, due to Plaintiff's failure to obey a court 8 order and failure to prosecute. 9 3. The Clerk of the Court is directed to CLOSE THIS CASE. 10 IT IS SO ORDERED. 12 | Dated: _ April 27, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28