(PC)Storm v. Office of the California Governor et al

Filing 20

ORDER ADOPTING IN FULL 19 Findings and Recommendations, Dismissing the Action without Prejudice and Directing the Clerk of Court to Close this Case, signed by District Judge Jennifer L. Thurston on 01/02/2025. CASE CLOSED. (Deputy Clerk CM)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DIMITRI Z. STORM,

12

Plaintiff,

13
14

v.
OFFICE OF THE CALIFORNIA
GOVERNOR, et al.,

15
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No.: 1:24-cv-0215 JLT HBK
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS, DISMISSING THE
ACTION WITHOUT PREJUDICE AND
DIRECTING THE CLERK OF COURT TO CLOSE
THIS CASE
(Doc. 10)

16
17

Dimitri Storm seeks to hold the defendants liable for violations of his civil rights while housed

18

at the California Substance Abuse Treatment Facility. (See generally Doc. 16.) The magistrate judge

19

screened Plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A and found Plaintiff failed to

20

state a cognizable claim. (Doc. 18.) After Plaintiff failed to file an amended complaint, the magistrate

21

judge found Plaintiff failed to prosecute this action and failed to comply with the Court’s order. (Doc.

22

19 at 1-2.) The magistrate judge considered the factors set forth in Henderson v. Duncan, 779 F.2d

23

1421, 1424 (9th Cir. 1986), and found terminating actions are appropriate. (Id. at 3-5.) Therefore, the

24

magistrate judge recommended the Court dismiss this action without prejudice. (Id. at 4.)

25

The Court served the Findings and Recommendations on Plaintiff and notified him that any

26

objections were due within 14 days. (Doc. 19 at 5.) The Court advised Plaintiff that the “failure to file

27

objections within the specified time may result in the waiver of certain rights on appeal.” (Id., citing

28

Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the
1

1
2

time to do so expired.
According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

3

Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are

4

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

5

1.

The Findings and Recommendations dated December 9, 2024 (Doc. 19) are
ADOPTED in full.

6
7

2.

The action is DISMISSED without prejudice.

8

3.

The Clerk of Court is directed to close this case.

9
10
11

IT IS SO ORDERED.
Dated:

January 2, 2025

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