(PC) Quintana v. Escobar et al

Filing 9

ORDER ADOPTING IN FULL Findings and Recommendations, dismissing the action without prejudice for failure to pay the filing fee and directing the Clerk of Court to close the case 8 signed by District Judge Jennifer L. Thurston on 6/4/2024. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY QUINTANA

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Plaintiff,
v.
D. ESCOBAR, et al.,

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ORDER ADOPTING IN FULL
FINDINGS AND RECOMMENDATIONS,
DISMISSING THE ACTION WITHOUT
PREJUDICE FOR FAILURE TO PAY THE
FILING FEE, AND DIRECTING THE CLERK
OF COURT TO CLOSE THE CASE

Defendants.
(Doc. 8)

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Case No. 1:24-cv-0258 JLT EPG (PC)

Johnny Quintana initiated this action, seeking to hold the defendants liable for violations

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of his civil rights during his incarceration at Avenal State Prison. (Doc. 1.) Plaintiff failed to pay

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the filing fee or apply to proceed in forma pauperis when he filed the complaint. The Court

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ordered him to take either action within 30 days. (Doc. 4.) The Court warned Plaintiff that

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“[f]ailure to comply with this order will result in dismissal of this action.” (Id. at 1, emphasis

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omitted.)

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Plaintiff failed to take any action. Thus, the magistrate judge recommended the action be

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dismissed without prejudice. (Doc. 8.) The Court served the Findings and Recommendations on

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Plaintiff and notified him that any objections—or a completed in forma pauperis application—

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were due within 30 days. (Id. at 2.) The Court advised Plaintiff that the “failure to file objections

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

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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to
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do so has passed.
Pursuant to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

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

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

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1.

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ADOPTED in full.
2.

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The Findings and Recommendations issued on April 29, 2024 (Doc. 8) are

This case is DISMISSED without prejudice due to Plaintiff’s failure to pay the
filing fee.

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

June 4, 2024

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