1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 CALVIN L. SHARP, JR., ) Case No.: 1:21-cv-0099 JLT HBK (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) 14 KATHLEEN ALLISON, et al., ) DIRECTING THE CLERK OF COURT TO CLOSE ) THE CASE 15 Defendants. ) ) (Doc. 36) 16 )

17 Calvin Sharp Jr., is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action. (Docs. 9, 27.) The matter was referred to a United States Magistrate Judge pursuant to 28

(b)(1)(B) and Local Rule 302. 20 Previously, the magistrate judge determined Plaintiff failed to state a claim upon which relief 21 may be granted in his Second Amended Complaint, which identified “multiple Defendants from 22 different prisons,” yet failed to identify how each defendant participated in the alleged violation of 23 Plaintiff’s civil rights. (Doc. 32 at 6.) Plaintiff was granted leave to amend, or informed he may 24 voluntarily dismiss the action. (Id. at 6-7.) After Plaintiff failed to file an amended complaint, the 25 magistrate judge found Plaintiff failed to prosecute the action and recommended the case be dismissed 26 without prejudice. (Doc. 36 at 5.) 27 The Findings and Recommendations were served on Plaintiff on July 6, 2023, and contained a 28 notice that any objections were due within 14 days of the date of service. (Doc. 36 at 5.) In addition, 1 || Plaintiff was informed the “failure to file objections within the specified time may result in waiver of 2 || his rights on appeal.” (d., citing Wilkerson v. Wheeler,

(9th Cir. 2014), Baxter v. 3 || Sullivan,

(9th Cir. 1991).) Plaintiff failed to file any objections and the time to 4 || do so has expired. 5 According to

(b)(1)(C), the Court conducted a de novo review of the case. 6 || Having carefully reviewed the entire file, the Court concludes the Findings and Recommendations ar 7 || supported by the record and by proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations dated July 6, 2023 (Doc. 36) are ADOPTED in f 9 2. The action is DISMISSED without prejudice. 10 3. The Clerk of Court shall close this case. 11 12 IS SO ORDERED. 13] Dated: _ August 7, 2023 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28