1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS ANGEL FIERRO, Case No. 1:24-cv-0002 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 DEPARTMENT OF THE TREASURY, CLOSE THE CASE et al., 15 (Doc. 7) Defendants. 16 17 18 Plaintiff is proceeding pro se in this action filed pursuant to

. However, 19 he did not pay the filing fee or file a motion to proceed in forma pauperis. Therefore, the Court 20 ordered Plaintiff to pay the $405.00 filing fee or apply to proceed in forma pauperis within 45 21 days. (Doc. 4.) After he failed to respond to the order, the Court ordered Plaintiff to show cause 22 why the action should not be dismissed. (Doc. 5.) Plaintiff again failed to respond to the order to 23 show cause. 24 The magistrate judge found Plaintiff failed to comply with the Court’s order and failed to 25 prosecute this action. (Doc. 7.) The magistrate judge considered the factors identified by the 26 Ninth Circuit in Henderson v. Duncan,

(9th Cir. 1986), and found the 27 factors weighed in favor of terminating sanctions. (Id. at 2-3.) Therefore, the magistrate judge 28 recommended the action be dismissed without prejudice. (Id. at 3.) 1 The Court served the Findings and Recommendations on Plaintiff and notified him that 2 | any objections were due within 14 days. (Doc. 7 at 3.) The Court advised Plaintiff that the 3 | “failure to file objections within the specified time may result in the waiver of the ‘right to 4 | challenge the magistrate’s factual findings’ on appeal.” (Ud. at 4, quoting Wilkerson v. Wheeler, 5 |

(9th Cir. 2014).) Plaintiff did not file objections, and the time to do so has 6 | passed. 7 According to

(b)(1)(C), this Court performed a de novo review of this 8 | case. Having carefully reviewed the entire action, the Court concludes the Findings and 9 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 10 1. The Findings and Recommendations issued on March 22, 2024 (Doc. 7) are 11 ADOPTED in full. 12 2. This case is DISMISSED without prejudice for failure to prosecute and failure to 13 comply with Court’s orders. 14 3. The Clerk of Court is directed to close this case. 15 16 IT IS SO ORDERED. 17 | Dated: _ April 17, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28