Scoggin v. Turning Point Central California

Filing 19

ORDER ADOPTING 16 Findings and Recommendations and dismissing action signed by District Judge Dale A. Drozd on 2/17/2021. CASE CLOSED. (Lundstrom, T)

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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 DANELLE RENEE SCOGGIN, 12 13 14 15 16 No. 1:20-cv-00140-DAD-SAB Plaintiff, v. TURNING POINT CENTRAL CALIFORNIA, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION (Doc. No. 16) Defendant. 17 18 On January 28, 2020, plaintiff Danelle Renee Scoggin, appearing pro se and in forma 19 pauperis, filed the complaint in this action. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 29, 2020, the assigned magistrate judge issued findings and recommendations, 22 recommending that this action be dismissed due to plaintiff’s failure to prosecute, failure to 23 comply with a court order, and failure to state a claim upon which relief can be granted. (Doc. 24 No. 16.) The findings and recommendations were served on plaintiff by mail at her address of 25 record and contained notice that any objections thereto were to be filed within twenty-one (21) 26 days from the date of service. (Id. at 6.) On August 10, 2020, the findings and recommendations 27 were returned to the court by the United States Postal Service as undeliverable. On January 6, 28 2021, plaintiff filed two change of address forms with the court. (Doc. Nos. 17, 18.) The 1 1 findings and recommendations were again served on plaintiff on January 7, 2021 at her newly 2 listed address of record. To date, no objections to the findings and recommendations have been 3 filed with the court, and the time in which to do so has now passed. Moreover, the findings and 4 recommendations served by mail upon plaintiff at plaintiff’s new address of record have not been 5 returned to the court as undeliverable. 6 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted 7 a de novo review of the case. Having carefully reviewed the entire file, the court finds the 8 findings and recommendations to be supported by the record and by proper analysis. 9 10 Accordingly, 1. 11 12 adopted in full; 2. 13 14 15 16 17 The findings and recommendations issued on July 29, 2020 (Doc. No. 16) are This action is dismissed due to plaintiff’s failure to prosecute, failure to obey court orders, and failure to state a claim; and 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: February 17, 2021 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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