Smith v. Mcdonalds Incorporated et al

Filing 14

ORDER ADOPTING 12 Findings and Recommendations signed by District Judge Kirk E. Sherriff on 11/25/2024. CASE CLOSED. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

CANDACE SMITH,
Plaintiff,

10
11

Case No. 1:24-CV-00204-KES-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(Doc. 12)

12

MCDONALDS INCORPORATED, et al.,

13

Defendants.

14
15
16

Plaintiff Candace Smith, proceeding pro se and in forma pauperis, filed this action on

17 February 15, 2024, which was referred to a United States magistrate judge pursuant to 28
18 U.S.C. § 636(b)(1)(B) and Local Rule 302. Doc. 1.
19

On June 6, 2024, the magistrate judge issued findings and recommendations,

20 recommending that plaintiff’s complaint be dismissed without leave to amend. Doc. 12. The
21 findings and recommendations were served on plaintiff and contained notice that any objections
22 to the findings and recommendations were to be filed within 21 (twenty-one) days from the date
23 of service. Id. On September 17, 2024, plaintiff filed an untimely objection. Doc. 13. The
24 untimely objection does not establish any error in the findings and recommendations and does
25 not address the magistrate judge’s findings that plaintiff’s complaint fails to state a federal claim
26 and fails to establish diversity jurisdiction. See id.
27

In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has

28
1

1 conducted a de novo review of this case. Having carefully reviewed the file, the Court finds the
2 findings and recommendations are supported by the record and proper analysis.
3

Accordingly, IT IS ORDERED that:

4

1.

The findings and recommendations, filed June 6, 2024, are ADOPTED IN FULL;

5

2.

Plaintiff’s complaint, filed February 15, 2024, is DISMISSED without leave to
amend; and

6
7

3.

The Clerk of the Court is DIRECTED to close this case.

8
9
10 IT IS SO ORDERED.
11

Dated:

November 25, 2024
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2