(PC) Parker v. Lynch

Opinion

1 2 3 4 5 6 7 10 11 MELVIN A. PARKER, Case No.: 1:23-cv-01674 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THIS 13 v. ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO OBEY COURT 14 JEFF LYNCH, et al., ORDERS AND FAILURE TO PROSECUTE, AND DIRECTING THE CLERK OF COURT 15 Defendants. TO CLOSE THIS CASE

16 (Doc. 11)

17 18 Melvin A. Parker seeks to hold the defendants—who he identifies as the “Warden/ 19 Superintendents” at California State Prison-Sacramento and Kern Valley State Prison— liable for 20 civil rights violations pursuant to 42 U.S.C. § 1983. (See generally Doc. 1.) The magistrate 21 judge screened the allegations of Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(a) and 22 found Plaintiff failed to state a cognizable claim. (Doc. 9 at 4-8.) The magistrate judge directed 23 Plaintiff to file any amended complaint within 21 days and informed him the failure to do so 24 would result in a recommendation the action be dismissed. (Id. at 10.) 25 After Plaintiff did not file an amended complaint or otherwise respond to the Screening 26 Order, the magistrate judge found Plaintiff failed to comply with the Court’s order and failed to 27 prosecute the case. (Doc. 11 at 2-3.) Therefore, the magistrate judge recommended this action be dismissed without prejudice. (Id. at 4.) The Court served the Findings and Recommendations on 1 | Plaintiff and notified him that any objections were due within 14 days. Ud.) The Court advised 2 | him that the “failure to file objections within the specified time may result in the waiver of rights 3 | onappeal.” (d., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff 4 | did not file objections, and the time to do so has passed. 5 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 6 | case. Having carefully reviewed the matter, the Court concludes the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on March 20, 2024 (Doc. 11) are 9 ADOPTED in full. 10 2. This action is DISMISSED without prejudice. 11 3. The Clerk of Court is directed to close this case. 12 B IT IS SO ORDERED. ia | Dated: _ April 17, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28