1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAMSEY BERRY, Case No.: 1:24-cv-0552 JLT EPG 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL, 13 v. DISMISSING THE ACTION WITHOUT PREJUDICE, TERMINATING DEFENDANTS’ 14 SINATRA, et al., MOTION FOR JUDGMENT ON THE PLEADINGS AS MOOT, AND DIRECTING 15 Defendants. THE CLERK OF COURT TO CLOSE THE CASE 16 (Docs. 7, 13) 17 18 Ramsey Berry initiated this action by filing a complaint in Tulare County Superior Court, 19 which the defendants removed to this Court in May 2024. The magistrate judge found Plaintiff 20 failed to prosecute the action and failed to comply with the Court’s order. (Doc. 13 at 1-2.) The 21 magistrate judge found dismissal of this action without prejudice was appropriate, after 22 considering the factors identified by the Ninth Circuit in Pagtalunan v. Galaza,

, 23 642 (9th Cir. 2002). (Id. at 3-4.) 24 The Court served these Findings and Recommendations on the parties and notified 25 Plaintiff that any objections were due within 30 days. (Doc. 13 at 4.) The Court advised Plaintiff 26 that the “[f]ailure to file objections within the specified time may result in the waiver of rights on 27 appeal.” (Id. at 5, citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Neither Plaintiff nor Defendants filed objections, and the time to do so expired. 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. Plaintiff has not taken any action in this matter 4 | following removal from the Tulare County Superior Court. Thus, the Court ORDERS: 5 1. The Findings and Recommendations issued on October 10, 2024 (Doc. 13) are 6 ADOPTED in full. 7 2. This action is DISMISSED without prejudice for Plaintiffs failure to prosecute and 8 failure to obey the Court’s order. 9 3. Defendants’ motion for judgment on the pleadings (Doc. 7) is terminated as MOOT. 10 4. The Clerk of Court is directed to close this case. 11 b IT IS SO ORDERED. 13 | Dated: _November 25, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28