(PC) Johnson v. Doerer

Opinion

BILLIE JOHNSON, Case No.: 1:24-cv-01185 JLT HBK Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO

Defendant. (Doc. 5)

Billie Johnson seeks to hold J. Doerer, Warden at United States Penitentiary- Atwater, liable for violations of his civil rights while incarcerated at the facility. The assigned magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 5 at 1-2.) The magistrate judge found dismissal of the action without prejudice was appropriate, after considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986). (Id. at 2-4.) The Court served these Findings and Recommendations on Plaintiff and notified him at that any objections were due within 14 days. (Doc. 6 at 5.) The Court advised him that the “[f]ailure to file any objections within the specified time may result in the waiver of certain rights on appeal.” (Id., 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 27, 2024 (Doc. 5) are ADOPTED in full. 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey the Court’s orders and failure to prosecute. 3. The Clerk of Court is directed to close this case. Dated: _ December 26, 2024 Cerin | Tower TED STATES DISTRICT JUDGE