(PC) Vazquez-Gonzalez v. Arviza

District Court, E.D. California·Decided January 3, 2024·No. 1:23-cv-00925·Unknown

Opinion

IVAN VAZQUEZ-GONZALEZ, No. 1:23-cv-00925-JLT-SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE v. ACTION, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE M.ARVIZA, et al., (Doc. 13) Defendants. Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to Bivens v. Six Unknown Federal Narcotic Agents, 403 U.S. 388 (1971). The assigned magistrate judge issued Findings and Recommendations recommending the action be dismissed for failure to comply with a court orders, failure to prosecute, and failure to state a cognizable claim for relief. (Doc. 13.) The Court served the Findings and Recommendations on Plaintiff and notified him that that any objections were due within 14 days and that the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Doc. 13 at 10- 11, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not file objections, and the time to do so expired. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on December 1, 2023 (Doc. 13) are ADOPTED in full. 2. This action is DISMISSED for Plaintiff's failure to comply with a court orders, failure to prosecute, and failure to state a cognizable claim for relief. 3. The Clerk of the Court is directed to close this case. g IT IS SO ORDERED. | Dated: _ January 2, 2024 Cerin | Tower TED STATES DISTRICT JUDGE

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Related

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