1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LYRALISA LAVENA STEVENS, Case No. 1:17-cv-1002 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING 13 v. DEFENDANTS’ MOTION FOR TERMINATING SANCTIONS, DISMISSING 14 JEFFREY BEARD, et al. THE ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 15 Defendants. CLOSE THE CASE 16 (Docs. 88, 92) 17 18 Lyralisa Lavena Stevens, a former state prisoner, asserts the defendants violated her civil 19 rights under the Eighth Amendment by denying gender-affirming surgery. (Doc. 1; see also Doc. 20 49 at 1-2.) Defendants move for terminating sanctions after Plaintiff failed to appear at her 21 deposition, despite the Court’s order directing her to participate in the deposition. (Doc. 88.) 22 The magistrate judge found Plaintiff failed to comply with the order to appear in person at 23 a deposition, despite a warning that failure to comply would result in dismissal. (See Doc. 92 at 24 11; see also Doc. 87.) The magistrate judge considered each of the factors identified by the Ninth 25 Circuit in Henderson v. Duncan,

(9th Cir. 1986), and found the factors 26 weighed in favor of dismissal. (Doc. 92 at 3, 6-11.) Therefore, the magistrate judge 27 recommended the Court grant Defendants’ motion for terminating sanctions and dismiss the 28 action with prejudice. (Id. at 11.) 1 The Court served the Findings and Recommendations on Plaintiff and notified her that 2 | any objections were due within 30 days. (Doc. 92 at 11.) The Court advised Plaintiff that the 3 | “failure to file objections within the specified time may result in the waiver of nights on appeal.” 4 | Ud., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did not file 5 | objections, and the time to do so expired. 6 According to

(b)(1), this Court performed a de novo review of this case. 7 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 8 || are supported by the record and proper analysis. Thus, the Court ORDERS: 9 1. The Findings and Recommendations dated January 27, 2025 (Doc. 92) are 10 ADOPTED in full. 11 2. Defendants’ motion for terminating sanctions (Doc. 88) is GRANTED. 12 3. The action is DISMISSED with prejudice. 13 4. The Clerk of Court is directed to close this case. 14 15 IT IS SO ORDERED. 16 Dated: _ February 20, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28