Childress v. Taylor et al

Filing 28

ORDER ADOPTING 26 Findings and Recommendations Regarding Dismissal of Action, With Prejudice, for Failure to Prosecute and For Failure to Obey the Court's Orders, signed by District Judge Dale A. Drozd on 11/15/2020. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DORIS JEAN CHILDRESS, 12 13 14 15 Plaintiff, v. CASSANDRA TAYLOR, et al., No. 1:19-cv-00088-NONE-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO PROSECUTE AND FOR FAILURE TO OBEY THE COURT’S ORDERS Defendants. (Doc. Nos. 22, 24, 26) 16 17 18 19 Plaintiff Doris Jean Childress (“plaintiff”), proceeding pro se, initiated this action in the 20 Merced County Superior Court on December 12, 2018. (Doc. No. 1.) On January 18, 2019, the 21 matter was removed to this federal court by defendants National Railroad Passenger Corporation 22 aka Amtrak erroneously sued as Amtrak Corp. (“Amtrak”) and Cassandra Taylor. (Id.) 23 On October 19, 2020, the assigned magistrate judge issued findings and recommendations 24 recommending that this action be dismissed with prejudice due to plaintiff’s failure to prosecute 25 this action and failure to obey this Court’s orders. (Doc. No. 26.) Those findings and 26 recommendations were served on plaintiff and contained notice that any objections thereto were 27 to be filed within fourteen (14) days after service. (Id. at 4.) The time to file objections has 28 passed, and no objections have been filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The October 19, 2020 findings and recommendations (Doc. No. 26) are adopted in 6 7 full; 2. This action is dismissed, with prejudice, based on plaintiff’s failure to prosecute this action and failure to obey this Court’s orders; and 8 9 10 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. 11 Dated: 12 November 15, 2020 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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