Howard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARQUISE WALKER, Case No.: 1:22-cv-00332-JLT-CDB Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS THIS

v. ACTION WITHOUT PREJUDICE FOR

PLAINTIFF’S FAILURE TO PROSECUTE

HOWARD, et al., (Doc. 26) Defendant.

16 Plaintiff seeks to hold defendant liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge recommended that this action be dismissed without prejudice for Plaintiff’s failure to prosecute, or, alternatively, that defendant’s motion to dismiss be granted in part and denied in part, and that Plaintiff be granted leave to file a first amended complaint within thirty days. (Doc. 26.) The magistrate judge advised the parties that the “failure to file objections within the specified time may result in waiver of his rights on appeal.” (Id. at 11-12,…