Williams et al v Dawley, Jr et al.

Filing 55

ORDER ADOPTING 54 FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr. on 01/23/09 and ORDERING that this case is DISMISSED based on plf's failure to prosecute this action; the Magistrate Judge's 50 Order is DISCHARGED and dfts' 48 Motion to Dismiss or Transfer Venue is DENIED as moot. CASE CLOSED. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TERESA WILLIAMS, an individual, Plaintiff, vs. HAROLD DAWLEY, JR., an individual, WELLNESS INSTITUTE/ SELF-HELP BOOKS, LLC, and WELLNESS INSTITUTE, INC., Defendants. __________________________________/ ORDER No. CIV S-08-0799 FCD EFB PS

On November 25, 2008, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 moot. and, ADOPTED;

Accordingly, IT IS ORDERED that: 1. The proposed Findings and Recommendations filed November 25, 2008, are

2. This case is DISMISSED pursuant to Fed. R. Civ. P. 41(b), based on plaintiff's failure to prosecute this action; 3. The magistrate judge's order to show cause, Dckt. No. 50, is DISCHARGED;

4. Defendants' motion to dismiss or transfer venue, Dckt. No. 48, is DENIED as

DATED: January 23, 2009.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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