(PC) Storm v. Newsom

District Court, E.D. California·Decided February 10, 2025·No. 1:24-cv-00830·Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIMITRI Z. STORM, No. 1:24-cv-00830 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (Doc. 11) 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights 18 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 22, 2025, the magistrate judge issued findings and recommendations to 21 dismiss this matter without prejudice for failure to prosecute and failure to obey court orders. 22 (Doc. 11.) The Court served the findings and recommendations on the Plaintiff and notified him 23 that any objections were due within 14 days. (Id. at 5.) The Court advised him that the “failure to 24 file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 25 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and 26 the time to do so has passed. 27 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 28 case. Having carefully reviewed the matter, the Court concludes the findings and 1 | recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The findings and recommendations issued January 22, 2025 (Doc. 11), are 3 ADOPTED IN FULL. 4 2. This matter is DISMISSED for failure to prosecute this case and for failure to 5 obey court orders. See Fed. R. Civ. P 41(b); Local Rule 110. 6 7 IT IS SO ORDERED. 3 Dated: _ February 10, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Related

J. Wilkerson v. B. Wheeler
772 F.3d 834 (Ninth Circuit, 2014)