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

11 DIONTAE JOHAN DUNCAN, ) Case No.: 1:23-cv-01692 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 T. CISNEROS, et al., ) THIS CASE ) 15 Defendants. ) (Doc. 14) ) 16 )

17 Diontae Johan Duncan seeks to hold the defendants liable for violations of his civil rights at 18 California’s Substance Abuse Treatment Facility at Corcoran and Salinas Valley State Prison. (See 19 Doc. 1.) The Court screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(a) and found he 20 failed to state a cognizable claim. (Doc. 11.) The Court provided relevant legal standards and granted 21 Plaintiff the opportunity to file an amended complaint; stand on his complaint, though warned it may 22 be dismissed for failure to state a claim; or file a notice of voluntarily dismissal. (See id. at 3-11.) The 23 Court also informed Plaintiff the failure to respond would result in dismissal of the action. (Id. at 11.) 24 After Plaintiff failed to respond to the Screening Order in any manner, the magistrate judge 25 found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 14 at 1-2.) 26 The magistrate judge found dismissal of the action without prejudice was appropriate, after 27 considering the factors identified by the Ninth Circuit in Pagtalunan v. Galaza,

(9th 28 Cir. 2002). (Id. at 2-3.) The Court served these Findings and Recommendations on Plaintiff and 1 || notified him at that any objections were due within 30 days. (Ud. at 4.) The Court advised him that tk 2 || ‘“[flailure to file objections within the specified time may result in the waiver of rights on appeal.” 3 || Ud., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did not file 4 || objections, and the time to do so expired. 5 According to

(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 are 7 || supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on October 23, 2024 (Doc. 14) are 9 ADOPTED in full. 10 2. This action is DISMISSED without prejudice for Plaintiff's failure to obey the Court’ 11 order and failure to prosecute. 12 3. The Clerk of Court is directed to close this case. 13 14 IS SO ORDERED. 15 | Dated: _December 6, 2024 ( LAW pA L. wan 16 TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28