(PC)Thomas v. Shirley

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY L. THOMAS, Case No. 1:23-cv-00470 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 SHIRLEY, et al., CLOSE THIS CASE 15 Defendants. (Doc. 48) 16 17 Ricky L. Thomas is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983, in which he sought to hold the defendant liable for 19 deliberate indifference in violation of the Eighth Amendment. (See Docs. 11, 20.) The 20 magistrate judge ordered Plaintiff to show cause why the Court should not dismiss the action for 21 Plaintiff’s failure to prosecute. (Doc. 47.) After Plaintiff failed to respond, the magistrate judge 22 found Plaintiff failed to prosecute the matter and failed to obey the Court’s orders. (Doc. 48.) 23 The magistrate judge considered the factors identified by the Ninth Circuit in Henderson v. 24 Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), and found terminating sanctions are appropriate. 25 (Id. at 3-4.) Therefore, the magistrate judge recommended the Court dismiss the action without 26 prejudice “for failure to prosecute and for failure to obey court orders.” (Id. at 4.) 27 The Court served the Findings and Recommendations on the parties and notified Plaintiff 28 that any objections were due within 14 days. (Doc. 48 at 4.) The Court advised Plaintiff that the 1 | “failure to file objections within the specified time may result in the waiver of the ‘right to 2 | challenge the magistrate’s factual findings’ on appeal.” (/d., quoting Wilkerson v. Wheeler, 772 3 | F.3d 834, 838-39 (9th Cir. 2014).) Neither Plaintiff nor Defendant filed objections, and the time 4 | todo so has passed. 5 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 6 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 7 | are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on January 13, 2025 (Doc. 48), are 9 ADOPTED in full. 10 2. This action is DISMISSED without prejudice, for Plaintiffs failure to prosecute 11 and failure to obey a court order. 12 3. The Clerk of Court is directed to terminate all pending motions and close this case. 13 4 IT IS SO ORDERED. 15 Dated: _ February 13, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28