Willyard v. McDaniels, et al.

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/16; ADOPTING 26 Findings and Recommendations; The action is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk is directed to close this case. CASE CLOSED. (cc EFB)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY WILLYARD,

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Plaintiff,

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No. 2:14-cv-780-EFB P

v.

ORDER

MCDANIELS, et al.,

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Defendants.

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The judge who presided over the settlement conference in this action filed findings and

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recommendations recommending that the case be dismissed with prejudice pursuant to Federal

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Rule of Civil Procedure 41(b) due to the plaintiff’s multiple failures to comply with court orders

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and failures to appear for duly scheduled settlement conferences.1 ECF No. 26. Those findings

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and recommendations were served on the parties and contained notice that any objections to the

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findings and recommendations were to be filed within fourteen (14) days. No objections were

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filed.
Accordingly, the court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The settlement conference judge’s conclusions of law

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are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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This matter is before the undersigned pursuant to the consent of the parties. See ECF
Nos. 4, 16; 28 U.S.C. § 636(c).
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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly,

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IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 26) are adopted in full.

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2. The action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure

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41(b).

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3. The Clerk is directed to close this case.

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IT IS SO ORDERED.

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DATED: August 2, 2016.

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