Farr v. In-Shape Health Clubs, LLC et al

Filing 10

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/31/2017 RECOMMENDING that Plaintiff's 1 Complaint be dismissed with prejudice and the Clerk of the Court should close this case. Objections due within 14 days after being served with these findings and recommendations. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY S. FARR, SR.

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Plaintiff,

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No. 2:17-cv-1871-JAM GGH

v.

FINDINGS AND RECOMMENDATIONS

IN-SHAPE HEALTH CLUBS, LLC., et
al.’
Defendants.

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Plaintiff filed this Title VII civil rights and American With Disabilities Act action in

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Solano Superior Court on July 21, 2017, and defendants removed it to this court on September 8,

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2017. ECF No. 1. On September 14, 2017 defendant In-Shape Health Clubs, LLC. filed a

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Motion to Dismiss and set it for hearing on October 19, 2017 before this court. ECF No. 6.

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Plaintiff failed to file either a timely Opposition or a Statement of Non-Opposition to the Motion

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as required under Eastern District of California 230(c). On October 10, 2017 the court issued an

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Order to Show Cause why the failure to file should not be viewed as a Statement of Non-

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Opposition and, therefore, the Motion to Dismiss be granted as unopposed and directed the

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plaintiff to respond to the Order with 14 days of the date the Order was issued. ECF No. 9.

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Plaintiff has filed neither a response to the Order to Show Cause nor a response to the Motion.

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In light of the foregoing IT IS HEREBY RECOMMENDED that:

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Plaintiff’s Complaint be dismissed with prejudice for lack of prosecution or in the

alternative for failure to obey a court order. Fed.R.Civ.Proc. 41(b); and

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2.

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This Recommendation is submitted to the United States District Judge assigned to the

The Clerk of the Court should close this case.

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case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being

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served with these findings and recommendations, any party may file written objections with the

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court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.1991).

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Dated: October 31, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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