Keeler v. Kuyper

Filing 12

ORDER signed by District Judge Troy L. Nunley on 4/7/2020 ADOPTING 9 Findings and Recommendations in full. This action is DISMISSED without prejudice for lack of prosecution and failure to comply with Court rules and orders. The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY J. KEELER,

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Plaintiff,

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No. 2:16-cv-02094-TLN-DMC

v.

ORDER

TREVER KUYPER,

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Defendant.

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Kimberly J. Keeler (“Plaintiff”), proceeding pro se, brings this civil action. The matter

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was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.
On August 29, 2018, the magistrate judge filed findings and recommendations which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. (ECF No. 9.) Neither party filed

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objections to the Findings and Recommendations.
Accordingly, the Court presumes that any findings of fact are correct. See Orand v.

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

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

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1983); see also 28 U.S.C. § 636(b)(1).

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Having reviewed the file under the applicable legal standards, the Court finds the Findings
and Recommendations to be supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations filed August 29, 2018 (ECF No. 9), are

adopted in full;
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This action is DISMISSED without prejudice for lack of prosecution and failure to

comply with Court rules and orders; and

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3.

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IT IS SO ORDERED.

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The Clerk of the Court is directed to enter judgment and close this file.

DATED: April 7, 2020

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Troy L. Nunley
United States District Judge

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