1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIMITRI Z. STORM, Case No.: 1:24-cv-01269 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS ACTION

13 v. WITHOUT PREJUDICE FOR PLAINTIFF’S

FAILURE TO OBEY COURT ORDER AND

14 CSATF WARDEN, et al., FAILURE TO PROSECUTE

15 Defendants. (Doc. 11)

16 17 The magistrate judge screened the complaint in this case pursuant to 28 U.S.C. § 18 1915A(a), and found Plaintiff failed to state a cognizable claim. (Doc. 9.) The Court provided the 19 relevant legal standards and granted Plaintiff leave to amend his complaint. (Id. at 4-12.) Plaintiff 20 did not file an amended complaint or otherwise respond to the Court. Thereafter, the magistrate 21 judge issued Findings and Recommendations concerning Plaintiff’s failure to prosecute the action 22 and failure to comply with the Court’s order. (Doc. 11.) The magistrate judge found terminating 23 sanctions were appropriate after considering the factors identified by the Ninth Circuit in 24 Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) and Carey v. King, 856 F.2d 1439, 25 1440 (9th Cir. 1988). (Id. at 1-3.) Therefore, the magistrate judge recommended the Court dismiss 26 the action without prejudice. (Id. at 3-4.) 27 The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were due within 14 days. (Doc. 11 at 4.) The Court advised him that the “failure to 1 | file any objections within the specified time may result in the waiver of certain rights on appeal.” 2 | Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 3 || objections, and the time to do so has passed. 4 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 5 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 6 || are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The Findings and Recommendations issued September 2, 2025 (Doc. 11) are 8 ADOPTED in full. 9 2. This action is DISMISSED without prejudice for Plaintiffs failure to obey court 10 orders and failure to prosecute. 11 3. The Clerk of Court is directed to close this case. 12 3 IT IS SO ORDERED. | Dated: _ September 25, 2025 Cerin | Tower

TED STATES DISTRICT JUDGE

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