(PC) Kidwell v. Collins, et al

Filing 37

ORDER ADOPTING 36 Findings and Recommendations to Grant Plaintiff's Motion to Voluntarily Dismiss Action, signed by District Judge Jennifer L. Thurston on 02/07/2024. CASE CLOSED.(Maldonado, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

SEQUOYAH DESERTHAWK
KIDWELL,
Plaintiff,

13
v.

14
15

JASON COLLINS, et al.,

Case No.: 1:22-cv-00709-JLT-CDB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
PLAINTIFF’S MOTION TO VOLUNTARILY
DISMISS ACTION
(Doc. 36)

Defendants.

16
17
18

Plaintiff Sequoyah Deserthawk Kidwell, also known as Jason Scott Harper, seeks to hold

19

the defendant liable for civil rights violations pursuant to 42 U.S.C. § 1983. This matter was

20

referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

21

302.

22

The magistrate judge issued Findings and Recommendations, recommending that

23

Plaintiff’s unopposed motion to voluntarily dismiss this action be granted and that the case be

24

dismissed in its entirety without prejudice. (Doc. 36.) The Court served the Findings and

25

Recommendations on the Plaintiff and notified him that any objections were due within 14 days.

26

(Id. at 3.) The Court advised him that the “[f]ailure to file objections within the specified time

27

may result in waiver of rights on appeal.” (Id. at 3, citing Wilkerson v. Wheeler, 772 F.3d 834,

28

839 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, no

1
2

objections have been filed.
According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this

3

case. Having carefully reviewed the matter, the Court concludes the Findings and

4

Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:

5

1. The Findings and Recommendations issued January 18, 2024 (Doc. 36) are

6

ADOPTED in full.

7

2. This matter is DISMISSED without prejudice.

8

3. The Clerk of the Court is DIRECTED to close this case.

9
10
11

IT IS SO ORDERED.
Dated:

February 7, 2024

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2