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

11 JEREMY PREWITT, ) Case No.: 1:24-cv-1184 JLT BAM (PC) ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 J. DOERER, ) THE CASE ) 15 Defendant. ) (Doc. 5) ) 16

17 Jeremy Prewitt seeks to hold J. Doerer, Warden at United States Penitentiary Atwater, liable for 18 violations of his civil rights while incarcerated at the facility.1 The assigned magistrate judge found 19 Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 5 at 1-2.) The 20 magistrate judge found terminating sanctions are appropriate, after considering the factors identified by 21 the Ninth Circuit in Henderson v. Duncan,

(9th Cir. 1986). (Id. at 2-3.) Thus, the 22 magistrate judge recommended that the Court dismiss the action without prejudice. (Id. at 3.) 23 The Court served the Findings and Recommendations on Plaintiff and notified him that any 24 objections were due within 14 days. (Doc. 5 at 3.) The Court advised Plaintiff that the “failure to file 25 objections within the specified time may result in the waiver of the ‘right to challenge the magistrate’s 26

27 1 On October 3, 2024, the Court severed Plaintiff’s claims from Benanti v. Doerer, Case No. 1:24-cv-01108-CDB (PC) and directed Plaintiff to: (1) file a signed complaint bearing his own case number; and (2) submit a completed 28 1 || factual findings’ on appeal.” (Ud. at 4, quoting Wilkerson v. Wheeler,

(9th Cir. 2 |)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. Havi 4 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 5 || by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated December 4, 2024 (Doc. 5) are ADOPTEI 7 in full. 8 2. The action is DISMISSED without prejudice for Plaintiff's failure to prosecute and 9 failure to comply with the Court’s order. 10 3. The Clerk of Court is directed to close this case. 11 12 ||IT IS SO ORDERED. 13 Dated: _ January 2, 2025 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28