(PC) Montgomery v. Madera Department of Corrections

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAULINE MONTGOMERY, No. 1:23-cv-00919-JLT-SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION 14 MADERA DEPT. OF CORRECTIONS, et (Doc. 21) al., 15 Defendants. 16 17 18 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant 19 to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to obey court orders and failed 20 to prosecute the action after he failed to respond to the Court’s screening order in any way, 21 including by filing an amended complaint to cure the pleading defects identified by the Court. 22 (Doc. 21.) Therefore, the magistrate judge recommended the action be dismissed. (Id. at 8.) 23 The Court served the Findings and Recommendations on Plaintiff and notified him that 24 any objections were due within 14 days. (Doc. 21 at 8.) The Court advised him that the “[f]ailure 25 to file objections within the specified time may result in waiver of rights on appeal.” (Id. at 9, 26 citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 27 objections, and the time to do so has passed. 28 /// 1 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 2 | case. Having carefully reviewed the matter, the Court concludes the Findings and 3 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on March 11, 2024 (Doc. 21) are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 | Dated: _ April 5, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28