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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN PAUL MARK SCHOWACHERT, No. 1:21-cv-0975 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

v. ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

BILL POLLEY, CLOSE THE CASE Defendant. (Doc. 12) 16 John Paul Mark Schowachert filed this prisoner civil rights action under 42 U.S.C. § 1983. (Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 19, 2023, the magistrate judge found Plaintiff failed to prosecute this action and failed to comply with the Court’s order dated August 4, 2023, which directed Plaintiff to show cause why the action should not be dismissed for his failure to exhaust administrative remedies. (Doc. 12 at 2-6; see also Doc. 10.) Therefore, the magistrate recommended the action be dismissed without prejudice. (Doc. 12 at 6.) The Court served the…