(PC) Papazian v. Doerer

Opinion

JAMES MICHAEL PAPAZIAN, Case No.: 1:24-cv-01182 JLT HBK Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO

Defendant. (Doc. 26)

James Michael Papazian seeks to hold the defendants liable for violations of his civil rights while incarcerated at United States Penitentiary- Atwater, stating claims related to a lockdown that occurred at the facility in the fall of 2024.1 The assigned magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 26 at 1-3.) 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 4-5.) The Court served these Findings and Recommendations on Plaintiff and notified him at that any objections were due within 14 days. (Doc. 26 at 5.) The Court advised him that the “[f]ailure to file any objections within the specified time may result in the waiver of his rights on 1 On October 3, 2024, the Court severed Plaintiff’s claims from Benanti v. Doerer, Case No. 1:24-cv-01108- CDB (PC). (Doc. 2.) appeal.” (dd. at 6, 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 July 25, 2025 (Doc. 26) 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. b IT IS SO ORDERED. | Dated: _August 16, 2025 Cerin | Tower TED STATES DISTRICT JUDGE