1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JULIO ARMANDO MUNOZ, No. 1:25-cv-00827 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. ACTION, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 14 CATES, (Doc. 13) 15 Defendant. 16 17 On July 14, 2025, the magistrate judge issued an order requiring Plaintiff to show cause, 18 within twenty-one days, why this action should not be dismissed for failure to exhaust 19 administrative remedies prior to filing suit. (Doc. 8.) Plaintiff filed a response on August 7, 2025. 20 (Doc. 9.) Following consideration of the response, the magistrate judge ordered Plaintiff to file a 21 supplemental response to the order to show cause, within fourteen days, why this action should 22 not be dismissed for failure to exhaust prior to filing suit. (Doc. 10.) Plaintiff did not file a 23 response. 24 On September 15, 2025, the magistrate judge discharged the order to show cause and 25 issued findings and recommendation that recommended this action be dismissed, without 26 prejudice, based on Plaintiff’s failure to exhaust administrative remedies prior to filing suit in 27 compliance with the Prison Litigation Reform Act of 1996. (Doc. 13.) The Court served the 28 Findings and Recommendations on Plaintiff and notified him that any objections were due within 1 | 14 days. (Ud. at 4.) The Court also informed Plaintiff that the “failure to file objections within the 2 | specified time may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ 3 | on appeal.” Ud. at 4-5, quoting Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff 4 | did not file objections, and the time in which to do so has passed. 5 According to

(b)(1)(c), this Court has conducted a de novo review of the 6 | case. Having carefully reviewed the entire file, the Court finds that the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on September 15, 2025 (Doc. 13) are 9 ADOPTED. 10 2. This action is DISMISSED without prejudice. 11 3. The Clerk of the Court is directed to close this case. 12 B IT IS SO ORDERED. 14 | Dated: _ October 15, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28