(PC) Dison v. Reaves

Opinion

1 2 3 4 5 6 7 10 11 DONALD RAY DISON, JR., Case No.: 1:24-cv-0876 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 R. REAVES, et al., CLOSE THIS CASE

15 Defendants. (Doc. 17)

16 17 Donald Ray Dison, Jr. seeks to hold the defendants liable for civil rights violations 18 pursuant to 42 U.S.C. § 1983. The magistrate judge screened the complaint pursuant to 28 U.S.C. 19 § 1915A(a), and found Plaintiff failed to state a cognizable claim. (Doc. 14.) The Court provided 20 the relevant legal standards and granted Plaintiff leave to amend his complaint. (Id. at 5-14.) 21 Plaintiff did not file an amended complaint or otherwise respond to the Court. Therefore, the 22 magistrate judge ordered Plaintiff to show cause why the action should not be dismissed. (Doc. 23 15.) Again, Plaintiff did not respond to the Court. 24 The magistrate judge found Plaintiff failed to prosecute the action and failed to comply 25 with the Court’s order. (Doc. 17 at 1-2, 5.) The magistrate judge also found terminating 26 sanctions were appropriate after considering the factors identified by the Ninth Circuit in 27 Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986). (Id. at 2-4.) Therefore, the magistrate judge recommended the Court dismiss the action without prejudice. (Id. at 4.) 1 The Court served the Findings and Recommendations on Plaintiff and notified him that 2 | any objections were due within 14 days. (Doc. 17 at 4.) The Court advised him that the □□□□□□□□ 3 | to file any objections within the specified time may result in the waiver of certain rights on 4 | appeal.” (7d. at 4-5, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff 5 | did not file objections, and the time to do so has passed. 6 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 7 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 8 || are supported by the record and proper analysis. Thus, the Court ORDERS: 9 1. The Findings and Recommendations issued July 1, 2025 (Doc. 17) are 10 ADOPTED in full. 11 2. This action is DISMISSED without prejudice for Plaintiff's failure to obey court 12 orders and failure to prosecute. 13 3. The Clerk of Court is directed to close this case. 14 16 | Dated: _ July 28, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28