(PC) Merron v. Cavagnaro

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHRISTOPHER RYAN MERRON
Plaintiff,
v.
CAVAGNARO,
Defendant.
No. 1:24-cv-00677 JLT BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION WITH PREJUDICE
(Doc. 12)
Christopher Ryan Merron is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action under 42 U.S.C. § 1983.
On October 22, 2025, the Court screened the complaint and found that it failed to state a
cognizable claim under 42 U.S.C. § 1983. The Court granted Plaintiff leave to file a first
amended complaint or a notice of voluntary dismissal within thirty days. (Doc. 11.) Plaintiff
failed to file an amended complaint or otherwise communicate with the Court.
On December 5, 2025, the magistrate judge issued findings and recommendations that
recommended this action be dismissed, with prejudice, for failure to state a claim, failure to obey
a Court order, and for failure to prosecute. (Doc. 12.) The Court served the findings and
recommendations on Plaintiff and notified him that any objections were due within 14 days. (Id.
at 10.) The Court also warned Plaintiff that failure to file objections within the specified time
may result in the waiver of the right to challenge the magistrate’s factual findings on appeal. (Id.,
Case 1:24-cv-00677-JLT-BAM Document 13 Filed 01/05/26 Page 1 of 2

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citing Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014).) Plaintiff did not file
objections, and the time in which to do so has expired.
According to 28 U.S.C. § 636 (b)(1)(C), this Court performed a de novo review of this
case. Having carefully reviewed the matter, the Court concludes that the findings and
recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:
1. The findings and recommendations issued on December 5, 2025, (Doc. 12), are
ADOPTED.
2. This action is DISMISSED with prejudice for failure to state a claim, failure to obey a
court order, and failure to prosecute.
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated: January 5, 2026
Case 1:24-cv-00677-JLT-BAM Document 13 Filed 01/05/26 Page 2 of 2