Brownfield et al v. Flowers Baking Co. of California, LLC

Filing 55

ORDER signed by District Judge John A. Mendez on 10/12/2017 FINDINGS AND RECOMMENDATIONS 42 are ADOPTED in FULL; and Plaintiff Sylvie Serrano's action is DISMISSED, with prejudice, for lack of prosecution and for failure to comply with the court's order. See Fed. R. Civ. P. 41(b).(Reader, L)

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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 CRAIG BROWNFIELD, et al., 12 13 14 15 16 No. 2:15-cv-2034 JAM AC PS Plaintiffs, v. ORDER FLOWERS BAKING CO. OF CALIFORNIA, LLC, Defendant. 17 18 19 20 Plaintiff Sylvie Serrano is proceeding in this action in pro per. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On June 20, 2017, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within twenty one days. ECF No. 42. Defendant 23 Flowers Baking Co. has filed objections to the findings and recommendations. ECF No. 44. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis with the exception that the Court agrees with Defendant that Plaintiff Sylvie Serrano’s 28 Action should be dismissed with prejudice. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 20, 2017 are adopted in full; and 3 2. Plaintiff Sylvie Serrano’s action is dismissed, with prejudice, for lack of prosecution 4 and for failure to comply with the court’s order. See Fed. R. Civ. P. 41(b). 5 DATED: 10/12/2017 6 /s/ John A. Mendez JOHN A. MENDEZ United States District Court Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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