1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SLY VAN BATTEN, Case No.: 1:20-cv-1597 JLT CDB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 TUCKER, CLOSE THE CASE

15 Defendant. (Doc. 41)

16 17 Sly Van Battan seeks to hold the defendant liable for violations of his civil rights pursuant 18 to

. The magistrate judge found Plaintiff failed to obey the Local Rules and 19 failed to prosecute the action. (Doc. 41.) The magistrate judge found terminating sanctions were 20 appropriate after considering the factors identified by the Ninth Circuit, and recommended the 21 action be dismissed. (Id. at 3-5.) 22 The Court served these Findings and Recommendations on Plaintiff at the address on 23 record and notified him at that any objections were due within 14 days.1 (Doc. 41 at 5.) The 24 Court advised him that the “failure to file objections within the specified time may result in the 25 waiver of rights on appeal.” (Id. at 5-6, citing Wilkerson v. Wheeler,

(9th 26 Cir. 2014).) Plaintiff did not file objections, and the time to do so expired. 27 1 The U.S. Postal Service returned the Findings and Recommendations as “Undeliverable, Paroled/Discharged” on 1 According to

(b)(1), this Court performed a de novo review of this case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on July 23, 2024 (Doc. 41) are 5 ADOPTED in full. 6 2. This action is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to terminate all pending motions and close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ August 9, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28