1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO FIMBREZ, Case No. 1:24-cv-1462 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 FRESNO COUNTY JAIL, et al., CLOSE THIS CASE 15 (Doc. 10) Defendants. 16 17 Armando Fimbrez seeks to hold the defendants liable for violations of his civil rights 18 while housed at the Fresno County Jail. (See Doc. 1.) The magistrate judge screened Plaintiff’s 19 complaint pursuant to 28 U.S.C. § 1915A(a) and found Plaintiff failed to state a cognizable claim 20 upon which relief may be granted. (Doc. 8.) The Court provided the relevant legal standards and 21 granted Plaintiff an opportunity to file an amended complaint. (See id.) The Court also informed 22 Plaintiff that failure to file an amended complaint would result in a recommendation of dismissal. 23 (Id. at 9.) Plaintiff failed to file an amended complaint or otherwise respond to the Court. 24 After Plaintiff again failed to respond to the Screening Order, the magistrate judge 25 recommended the Court dismiss the action. (Doc. 10.) In doing so, the magistrate judge 26 reiterated the findings that Plaintiff failed to state a cognizable claim. (Id. at 3-9.) The magistrate 27 judge also found Plaintiff failed to comply with the Court’s order and failed to prosecute the 28 action. (Id. at 10.) The magistrate judge considered the factors identified by the Ninth Circuit in 1 | Carey v. King,

(9th Cir. 1988), and found terminating sanctions are 2 | appropriate for Plaintiffs inaction. (/d. at 10-11.) Therefore, the magistrate judge recommended 3 | the Court dismiss the action for Plaintiff's failure to state a claim, failure to obey the Court’s 4 | orders, and failure to prosecute. (/d. at 11.) 5 The Court served the Findings and Recommendations on Plaintiff and notified him that 6 | any objections were due within 14 days. (Doc. 10 at 11.) Although the Court served the Findings 7 | and Recommendations on the address on record, the U.S. Postal Service returned the mail marked 8 | “Undeliverable, [Return to Sender]- Not in Custody.” Nevertheless, the Court’s service upon 9 | Plaintiff is deemed fully effective pursuant to Local Rule 182(f). 10 According to

(b)(1), this Court performed a de novo review of this case. 11 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 12 | are supported by the record and proper analysis. Thus, the Court ORDERS: 13 1. The Findings and Recommendations issued on May 27, 2025 (Doc. 10) are 14 ADOPTED in full. 15 2. This action is DISMISSED with prejudice for Plaintiff's failure to state a claim, 16 failure to prosecute, and failure to obey the Court’s order. 17 3. The Clerk of Court is directed to close this case. 18 19 IT IS SO ORDERED. 59 | Dated: _ June 30, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28