1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLAN FLETCHER, Case No.: 1:22-cv-0249 JLT BAM 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 CLENDENIN, et al., CLOSE THE CASE

15 Defendants. (Doc. 48)

16 17 Allan Fletcher seeks to hold the defendants liable for violations of his civil rights while 18 housed at Coalinga State Hospital. (See Docs. 11, 16.) The assigned magistrate judge found 19 Plaintiff failed to obey the Court’s orders and failed to prosecute the action. (Doc. 48 at 1-2.) 20 The magistrate judge found terminating sanctions appropriate, after considering the factors 21 identified by the Ninth Circuit in Henderson v. Duncan,

(9th Cir. 1986). 22 (Id. at 2-4.) The magistrate judge observed: “Plaintiff is no longer prosecuting this action, and the 23 Court cannot afford to expend resources resolving an unopposed dispositive motion in a case 24 which Plaintiff is no longer prosecuting.” (Id. at 4.) Therefore, the magistrate judge 25 recommended the Court dismiss the action without prejudice. (Id.) 26 The Court served these Findings and Recommendations on the parties and notified them 27 that any objections were due within 14 days. (Doc. 48 at 4.) The Court also advised that the “failure to file objections within the specified time may result in the waiver of the ‘right to 1 | challenge the magistrate’s factual findings’ on appeal.” (d., citing Wilkerson v. Wheeler, 772 2 | F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so expired. 3 According to

(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 | are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on December 2, 2024 (Doc. 48) are 7 ADOPTED in full. 8 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey the 9 Court’s orders and failure to prosecute. 10 3. The Clerk of Court is directed to terminate pending matters and close this case. 11 b IT IS SO ORDERED. 13 | Dated: __December 30, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28