(PC)Urbina v. Onyeje, No. 1:2021cv01623 - Document 14 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 13 Findings and Recommendations to Dismiss Action without prejudice, signed by District Judge Jennifer L. Thurston on 05/06/2022.(Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 Case No. 1:21-cv-01623-JLT-SKO (PC) MARIO UBINA, Plaintiff, v. (Doc. 13) O. ONYEJE, 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION Defendant. 16 17 The magistrate judge issued findings and recommendations that the action be dismissed 18 for Plaintiff’s failure to pay the filing fee and failure to comply with the Court’s order prior order 19 to do so. (Doc. 13.) The Court granted Plaintiff 14 days to file objections to the recommended 20 dismissal and informed him that the failure to file objections within this period may result in a 21 waiver of rights on appeal. (Id. at 2-3, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 22 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) More than 14 days have passed, 23 and Plaintiff has neither filed objections nor paid the filing fee in the matter. 24 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 25 case. Having carefully reviewed the file, the Court concludes the findings and recommendations 26 to be supported by the record and proper analysis. Thus, the Court ORDERS: 27 28 1. The findings and recommendations issued on April 12, 2022 (Doc. 13) are adopted in full. 1 2. The action is DISMISSED without prejudice. 2 3. The Clerk of Court is directed to close this case. 3 4 5 IT IS SO ORDERED. Dated: May 6, 2022 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2