1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY FLETCHER, JR., Case No. 1:22-cv-00443 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 UNITED STATES, et al., CLOSE THIS CASE 15 Defendants. (Doc. 13) 16 17 Johnny Fletcher, Jr., asserts he suffered violations of his civil rights while incarcerated at 18 USP Atwater, and seeks to hold the defendants liable under Bivens v. Six Unknown Named Agents 19 of Federal Bureau of Narcotics,

(1971). After Plaintiff was released from custody, 20 the Court ordered him to complete an application to proceed in forma pauperis. (Doc. 10.) 21 Plaintiff did not respond to the Court’s order. 22 The magistrate judge found Plaintiff failed to obey the Court’s orders—including both the 23 order regarding an application to proceed in forma pauperis and an order to show cause—and 24 failed to prosecute this case. (Doc. 13 at 4.) The magistrate judge found terminating sanctions 25 are appropriate after considering the factors identified by the Ninth Circuit in Malone v. United 26 States Postal Service,

(9th Cir. 1987). (Id. at 3-6.) Therefore, the magistrate 27 judge recommended the Court dismiss the action without prejudice. (Id. at 6.) 28 The Court served the Findings and Recommendations on Plaintiff and notified him that 1 | any objections were due within 14 days. (Doc. 13 at 6.) The Court advised him that the “failure 2 | to file objections within the specified time may result in the waiver of certain rights on appeal.” 3 | Ud., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did not file 4 | objections, and the time to do so has passed. 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 March 11, 2025 (Doc. 13) are 9 ADOPTED in full. 10 2. This matter is DISMISSED without prejudice for failure to prosecute and for 11 failure to obey court orders. 12 3. The Clerk of Court is directed to CLOSE this case. 13 4 IT IS SO ORDERED. 5 Dated: _ April 3, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28