1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID JAKUBOWSKI, No. 1:23-cv-01087 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS 13 v. FOR FAILURE TO OBEY COURT ORDERS AND FAILURE TO 14 STEPHANIE CLENDENIN, et al., PROSECUTE

15 Defendants. (Doc. 22)

16 17 18 David Jakubowski seeks to hold the defendant liable for violations of his civil rights 19 pursuant to

. The magistrate judge issued Findings and Recommendations 20 regarding Plaintiff’s failure to obey court orders and failure prosecute for failing to oppose 21 Defendant Price’s motion to dismiss. (Doc. 22.)1 The magistrate judge found terminating 22 sanctions were appropriate after considering the factors identified by the Ninth Circuit in Carey v. 23 King,

(9th Cir. 1988). (Id. at 2-5.) Therefore, the magistrate judge 24 recommended the Court dismiss the action without prejudice for Plaintiff’s failure to obey court 25 orders and failure to prosecute. (Id. at 5.) 26 The Court served the Findings and Recommendations on Plaintiff and notified him that

27 1 Although Plaintiff filed a reply to the Court’s Order to Show Cause issued August 12, 2025, indicating he would file an opposition to the pending motion to dismiss on or about September 15, 2025, he failed to do so. (See Doc. 22 28 at 3.) 1 | any objections were due within 14 days. (Doc. 22 at 5.) The Court advised him that the “failure to 2 | file any 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 September 29, 2025 (Doc. 22) are 9 ADOPTED in full. 10 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey court 11 orders and failure to prosecute. 12 3. The Clerk of Court is directed to close this case. 13 4 IT IS SO ORDERED. 15 Dated: _ October 24, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28