(PC) Buckhanan v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 XAVIER BUCKHANAN, Case No. 1:24-cv-0811 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING THE

v. ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

UNITED STATES OF AMERICA, et al., CLOSE THIS CASE

Defendants. (Doc. 20)

16 Xavier Buckhanan is proceeding pro se in this action, filed pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act, 28 U.S.C. § 1267. The magistrate judge found Plaintiff failed to prosecute the action and failed to comply with the Court’s order. (Doc. 20 at 1-2.) The magistrate judge found dismissal of this action without prejudice was appropriate, after considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). (Id. at 2-3.) The Court served these Findings and Recommendations Plaintiff and notified him that any…