(PC) Neice v. Adult Probation Dept. PRCS Administrator & Staff

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ROBERT DEAN NEICE,
Plaintiff,
v.
ADULT PROBATION DEPT. PRCS
ADMINISTRATOR & STAFF,
Defendant.
Case No. 1:25-cv-1611 KES BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING THE
ACTION WITHOUT PREJUDICE, AND
DIRECTING THE CLERK OF COURT TO
CLOSE THE CASE
(Docs. 4, 8)
Robert Dean Neice is a county jail inmate proceeding pro se in this civil rights action
pursuant to 42 U.S.C. § 1983. Although Neice moved to proceed in forma pauperis, he did not
file a copy of his prison trust account statement to support the request. See Doc. 2. On
November 25, 2025, the court ordered Neice to submit a certified copy of his trust account
statement. Doc. 4. After Neice failed to do so, the assigned magistrate judge found Neice failed
to obey the order and failed to prosecute this case. Doc. 8 at 2. The magistrate judge found
dismissal was appropriate after considering the factors identified by the Ninth Circuit in
Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) and Carey v. King, 856 F.2d 1439,
1440 (9th Cir. 1988). Id. at 2-3.
The court served the findings and recommendations on Neice and notified him that any
objections were due within 14 days. Doc. 8 at 3. The Court advised him that failure to file
objections within the specified time may result in the waiver of certain rights on appeal. Id. at 4,
Case 1:25-cv-01611-KES-BAM Document 9 Filed 02/10/26 Page 1 of 2

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citing Wilkerson v. Wheeler, 772 F.3d 834, 838-839 (9th Cir. 2014). He did not file objections,
and the time to do so has expired.
In accordance with 28 U.S.C. § 636(b)(1), this court conducted a de novo review of this
case. Having carefully reviewed the matter, the court concludes the findings and
recommendations are supported by the record and by proper analysis. Thus, the court ORDERS:
1. The findings and recommendations issued on January 7, 2026 (Doc. 8), are
ADOPTED in full.
2. This action is DISMISSED without prejudice, for failure to obey a court order and
failure to prosecute.
3. The Clerk of Court is directed to terminate pending matters and close this case.
IT IS SO ORDERED.
Dated: February 9, 2026
UNITED STATES DISTRICT JUDGE
Case 1:25-cv-01611-KES-BAM Document 9 Filed 02/10/26 Page 2 of 2