(PC) Gonzales v. Doer

Opinion

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11 ALEXIS AVILA GONZALES, ) Case No.: 1:24-cv-1558 JLT BAM (PC) ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 J. DOERER, et al., ) THE CASE ) 15 Defendants. ) (Doc. 6) ) 16

17 Alexis Avila Gonzales seeks to hold the defendants, including the Warden of United States 18 Penitentiary Atwater and several employees at the penitentiary, liable for violations of his civil rights. 19 The assigned magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute 20 the action. (Doc. 6 at 1-2.) The magistrate judge found terminating sanctions are appropriate, after 21 considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1423 22 (9th Cir. 1986). (Id. at 2-3.) Thus, the magistrate judge recommended the Court dismiss the action 23 without prejudice. (Id. at 4.) 24 The Court served the Findings and Recommendations on Plaintiff and notified him that any 25 objections were due within 14 days. (Doc. 6 at 4.) The Court advised Plaintiff the “failure to file 26 objections within the specified time may result in the waiver of the ‘right to challenge the magistrate’s 27 factual findings’ on appeal.” (Id., quoting Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 28 2014).) Plaintiff did not file objections, and the time to do so expired. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 2 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 3 || supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated February 5, 2025 (Doc. 5) are ADOPTED 5 in full. 6 2. The action is DISMISSED without prejudice for Plaintiff's failure to prosecute and 7 failure to comply with the Court’s order. 8 3. The Clerk of Court is directed to close this case. 9 11 ]| Dated: _-March 4, 2025 ( LAW ph L. wan 12 TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28