(PC) Walker v. Howard

Opinion

MARQUISE WALKER, Case No.: 1:22-cv-00332-JLT-CDB Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THIS v. ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO PROSECUTE HOWARD, et al., (Doc. 26) Defendant.

Plaintiff seeks to hold defendant liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge recommended that this action be dismissed without prejudice for Plaintiff’s failure to prosecute, or, alternatively, that defendant’s motion to dismiss be granted in part and denied in part, and that Plaintiff be granted leave to file a first amended complaint within thirty days. (Doc. 26.) The magistrate judge advised the parties that the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Id. at 11-12, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). No party has filed objections and the time to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court conducted 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. The Court is most persuaded, in takin the action below, by the fact that Plaintiff failed to respond to a specific order of the Court and failed to file any objections to the findings and recommendations. The Court concludes that Plaintiff is no longer interested in pursuing this action. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on October 1, 2024 (Doc. 26) are 2. This action is DISMISSED without prejudice for Plaintiffs failure to prosecute. 3. The Clerk of the Court is directed to terminate all pending motions and to close this case. IT IS SO ORDERED. | Dated: _ October 28, 2024 Cerin | Tower TED STATES DISTRICT JUDGE