Tucker

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SLY VAN BATTEN, Case No.: 1:20-cv-1597 JLT CDB Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

TUCKER, CLOSE THE CASE

Defendant. (Doc. 41)

16 Sly Van Battan seeks to hold the defendant liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff failed to obey the Local Rules and failed to prosecute the action. (Doc. 41.) The magistrate judge found terminating sanctions were appropriate after considering the factors identified by the Ninth Circuit, and recommended the action be dismissed. (Id. at 3-5.) The Court served these Findings and Recommendations on Plaintiff at the address on record and notified him at that any objections were due within 14 days. (Doc. 41 at 5.) The Court advised him that the “failure to file objections within the…