1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYSHAWN HAYNES, Case No.: 1:24-cv-01121 JLT HBK 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 DELACRUZ, CLOSE THE CASE

15 Defendant. (Doc. 13)

16 17 Rayshawn Hayes seeks to hold the defendants, correctional officers at Kern Valley State 18 Prison, liable for violations of his civil rights while incarcerated at the facility. (See generally 19 Doc. 1.) The assigned magistrate judge screened Plaintiff’s complaint pursuant to

1915A, and found he failed to state a cognizable claim. (Doc. 11 at 3-9.) The Court ordered 21 Plaintiff to file any amended complaint no later than December 10, 2024. (Id. at 10.) Plaintiff 22 did not file an amended complaint or otherwise respond to the Screening Order. 23 The magistrate judge found Plaintiff failed to obey the Court’s order and failed to 24 prosecute the action. (Doc. 13 at 1-2.) After considering the factors identified by the Ninth 25 Circuit in Henderson v. Duncan,

(9th Cir. 1986), the magistrate judge found 26 terminating sanctions are appropriate. (Id. at 3-4.) Therefore, the magistrate judge recommended 27 the Court dismiss the action without prejudice. (Id. at 4.) The Court served these Findings and Recommendations on Plaintiff and notified him at 1 | that any objections were due within 14 days. (Doc. 13 at 5.) The Court advised him that the 2 | “[flailure to file any objections within the specified time may result in the waiver of certain rights 3 | on appeal.” (d., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff 4 | did not file 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 7 | are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on December 20, 2024 (Doc. 13) are 9 ADOPTED in full. 10 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey the 11 Court’s orders and failure to prosecute. 12 3. The Clerk of Court is directed to close this case. 13 4 IT IS SO ORDERED. 5 Dated: _ January 14, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28