1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCIAZ MALDANADO, Case No.: 1:23-cv-00482 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 L. MERRITT, et al., CLOSE THE CASE

15 Defendants. (Doc. 16)

16 17 Marciaz Maldanado seeks to hold defendants liable for violations of his civil rights while 18 housed at the California Substance Abuse Treatment Facility. The assigned magistrate judge 19 screened the allegations pursuant to 42 U.S.C. 1915A(a) and found Plaintiff failed to state a 20 cognizable claim. (Doc. 15.) The Court provided the relevant legal standards and granted 21 Plaintiff the opportunity to file a third amended complaint or file a notice of voluntarily dismissal. 22 (See id. at 5-8.) The Court also informed Plaintiff the failure to act would result in a 23 recommendation that the action be dismissed without prejudice. (Id. at 9.) 24 After Plaintiff failed to respond in any manner, the magistrate judge found Plaintiff failed 25 to obey the Court’s order and failed to prosecute the action. (Doc. 16 at 1-2.) The magistrate 26 judge found dismissal of the action without prejudice was appropriate, after considering the 27 factors identified by the Ninth Circuit. (Id. at 2-3.) The Court served these Findings and Recommendations on Plaintiff and notified him at that any objections were due within 14 days. 1 | Cd. at 4.) The Court advised him that the “[f]ailure to file objections within the specified time 2 || may result in the waiver of rights on appeal.” (/d., citing Wilkerson v. Wheeler,

, 3 | 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so expired. 4 According to

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