1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BILLIE JOHNSON, Case No.: 1:24-cv-01185 JLT HBK 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 J. DOERER, CLOSE THE CASE

15 Defendant. (Doc. 5)

16 17 Billie Johnson seeks to hold J. Doerer, Warden at United States Penitentiary- Atwater, 18 liable for violations of his civil rights while incarcerated at the facility. The assigned magistrate 19 judge found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 5 20 at 1-2.) The magistrate judge found dismissal of the action without prejudice was appropriate, 21 after considering the factors identified by the Ninth Circuit in Henderson v. Duncan,

(9th Cir. 1986). (Id. at 2-4.) 23 The Court served these Findings and Recommendations on Plaintiff and notified him at 24 that any objections were due within 14 days. (Doc. 6 at 5.) The Court advised him that the 25 “[f]ailure to file any objections within the specified time may result in the waiver of certain rights 26 on appeal.” (Id., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff 27 did not file objections, and the time to do so expired. According to

(b)(1), this Court performed a de novo review of this case. 1 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 2 || are supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. The Findings and Recommendations issued on November 27, 2024 (Doc. 5) are 4 ADOPTED in full. 5 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey the 6 Court’s orders and failure to prosecute. 7 3. The Clerk of Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ December 26, 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