1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DA’JUAN BIRDEN, Case No. 1:25-cv-00937 JLT BAM 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING 13 v. ACTION, AND DIRECTING CLERK OF COURT TO CLOSE THIS CASE 14 F. MUNOZ, (Doc. 13) 15 Defendant.

16 17 Da’Juan Birden is a former state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action under

. 19 On October 8, 2025, the magistrate judge issued Findings and Recommendations that 20 recommended dismissal of this action as an appropriate sanction for failure to obey a court order 21 and for plaintiff’s failure to prosecute this action. (Doc. 13.) The Court served the Findings and 22 Recommendations on plaintiff and notified him that any objections were due within fourteen (14) 23 days. (Id. at 3.) The Court also informed plaintiff that “failure to file objections within the 24 specified time may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ 25 on appeal.” (Id. at 4, quoting Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff 26 failed to file objections, and the time in which to do has expired. 27 According to

(b)(1)(c), this Court has conducted a de novo review of the 28 case. Having carefully reviewed the entire file, including Plaintiff’s objections, the Court finds 1 | that the Findings and Recommendations are supported by the record and proper analysis. Thus, 2 | the Court ORDERS: 3 1. The Findings and Recommendations issued on October 8, 2025 (Doc. 13) are 4 ADOPTED. 5 2. This action is DISMISSED. 6 3. The Clerk of the Court is directed to close this case. 7 g IT IS SO ORDERED. 9 Dated: _ November 7, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28