Buck Strawder v. Aaron Montoya, et al.

United States District Court for the Eastern District of California

Buck Strawder v. Aaron Montoya, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BUCK STRAWDER, Case No.: 1:24-cv-00976-JLT-SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION 13 v. WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDER AND 14 AARON MONTOYA, et al., FAILURE TO PROSECUTE

15 Defendants. (Doc. 10)

16

17

18 Buck Strawder seeks to hold the defendants liable for civil rights violations pursuant to 42

19 U.S.C. § 1983

. This matter was referred to a United States Magistrate Judge pursuant to 28

20 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 21 The magistrate judge screened the complaint pursuant to 28 U.S.C. § 1915A(a), and found 22 Plaintiff failed to state a cognizable claim. (Doc. 8.) The Court provided the relevant legal 23 standards and granted Plaintiff leave to amend his complaint. (Id. at 4-13.) Plaintiff did not file an 24 amended complaint or otherwise respond to the Court. Thereafter, the magistrate judge issued 25 Findings and Recommendations concerning Plaintiff’s failure to prosecute the action and failure 26 to comply with the Court’s order. (Doc. 10 at 1-2, 5.) The magistrate judge found terminating 27 sanctions were appropriate after considering the factors identified by the Ninth Circuit in 1 | 1440 (9th Cir. 1988). Ud. at 2-3.) Therefore, the magistrate judge recommended the Court dismiss 2 || the action without prejudice. (/d. at 4.) 3 The Court served the Findings and Recommendations on Plaintiff and notified him that 4 | any objections were due within 14 days. (Doc. 10 at 4.) The Court advised him that the “failure to 5 || file any objections within the specified time may result in the waiver of certain rights on appeal.” 6 || Ud. at 4, citing Wilkerson v. Wheeler,

772 F.3d 834, 838-39

(9th Cir. 2014).) Plaintiff did not file 7 || objections, and the time to do so has passed. 8 According to

28 U.S.C. § 636

(b)(1), this Court performed a de novo review of this case. 9 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 10 || are supported by the record and proper analysis. Thus, the Court ORDERS: 11 1. The Findings and Recommendations issued September 2, 2025 (Doc. 10) are 12 ADOPTED in full. 13 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey court 14 orders and failure to prosecute. 15 3. The Clerk of Court is directed to close this case. 16 7 IT IS SO ORDERED. 1g | Dated: September 25, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28

Reference

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