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7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL REYES-VILLANUEVA, Case No. 1:24-cv-0493 JLT EPG (PC)

12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THIS 13 v. ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND FAILURE 14 TYSON POGUE, et al., TO COMPLY WITH COURT ORDERS, AND DIRECTING THE CLERK OF COURT TO 15 Defendants. CLOSE THIS CASE

16 (Doc. 31)

17 Michael Reyes-Villanueva asserts that the defendants violated his civil rights while he 18 was housed at the Madera County Jail. (See Doc. 1, 20.) However, the magistrate judge found 19 Plaintiff failed to prosecute his case and failed to comply with the Court’s orders. (Doc. 31 at 1.) 20 The magistrate judge also found terminating sanctions are appropriate, after considering the 21 factors identified by the Ninth Circuit in Pagtalunan v. Galaza,

(9th Cir. 22 2002). (Id. at 2-3.) Therefore, the magistrate judge recommended the Court dismiss the action 23 without prejudice.1 (Id. at 3.) 24 The Court served the Findings and Recommendations on Plaintiff and notified him that 25 any objections were due within 30 days. (Doc. 31 at 4.) The Court advised Plaintiff that “failure 26 to file objections within the specified time may result in the waiver of rights on appeal.” (Id., 27 1 The magistrate judge also recommended that the Court lift the stay in the action for purposes of dismissal. (Doc. 31 28 at 3.) However, the magistrate judge later issued an order lifting the stay. (Doc. 38.) 1 | citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did not file objections 2 | and the time to do so has passed. 3 According to

(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the entire matter, the Court concludes the Findings and 5 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on May 20, 2025 (Doc. 31) are 7 ADOPTED in full. 8 2. This action is DISMISSED without prejudice, for failure to prosecute and comply 9 with the Court’s orders. 10 3. The Clerk of Court is DIRECTED to close this case. 11 b IT IS SO ORDERED. 13 Dated: _ July 16, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28