1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEPAN SEREDA, Case No. 1:25-cv-01172 JLT BAM 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION WITHOUT PREJUDICE 14 MANUEL AYALA, et al., (Docs. 2, 3) 15 Defendants. 16 17 Stepan Sereda, proceeding pro se, initiated this civil action on September 9, 2025. (Doc. 18 1.) On September 15, 2025, the Court directed Plaintiff to submit a completed and signed 19 application to proceed in forma pauperis or, in the alternative, pay the $405.00 filing fee for this 20 action within thirty days. (Doc. 2.) Plaintiff failed to file an application to proceed in forma 21 pauperis or pay the filing fee. 22 On October 31, 2025, the assigned magistrate judge issued findings and recommendations 23 to dismiss the action, without prejudice, for failure to obey a court order and for Plaintiff’s failure 24 to prosecute this action. (Doc. 3.) The Court served the Findings and Recommendations on 25 Plaintiff and notified him that any objections were due within 14 days. (Id. at 3.) The Court 26 advised him that the “failure to file objections within the specified time may result in the waiver 27 of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id., quoting Wilkerson v. 28 Wheeler,

, 838–39 (9th Cir. 2014)). Plaintiff did not file objections, and the time to 1 | do so has passed. 2 According to

(b)(1)(c), this Court performed a de novo review of this 3 | case. Having carefully reviewed the matter, the Court concludes that the Findings and 4 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 5 1. The Findings and Recommendations issued on October 31, 2025 (Doc. 3) are 6 ADOPTED. 7 2. This action is DISMISSED without prejudice. 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. 11 Dated: _ December 4, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28