Doerer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MATTHEW HIGGINS-VOGT, ) Case No.: 1:24-cv-1188 JLT GSA (PC) ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE J. DOERER, ) THE CASE ) Defendant. ) (Doc. 6) )

Matthew Higgins-Vogt seeks to hold J. Doerer, Warden at United States Penitentiary Atwater, liable for violations of his civil rights while incarcerated at the facility. The assigned magistrate judge found Plaintiff failed to obey the Court’s order and failed to prosecute the action. (Doc. 6 at 1-2.) The magistrate judge found terminating sanctions are appropriate, after considering the factors identified by the Ninth Circuit in Malone v. United States Postal Service, 833 F.2d 130 (9th Cir. 1987). (Id. at 2-4.) Thus, the magistrate judge recommended the Court dismiss the action without prejudice. (Id. at 4.) The Court served…