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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY S. FARR, SR. 12 Plaintiff, 13 14 15 No. 2:17-cv-1871-JAM GGH v. FINDINGS AND RECOMMENDATIONS IN-SHAPE HEALTH CLUBS, LLC., et al.’ Defendants. 16 17 Plaintiff filed this Title VII civil rights and American With Disabilities Act action in 18 19 Solano Superior Court on July 21, 2017, and defendants removed it to this court on September 8, 20 2017. ECF No. 1. On September 14, 2017 defendant In-Shape Health Clubs, LLC. filed a 21 Motion to Dismiss and set it for hearing on October 19, 2017 before this court. ECF No. 6. 22 Plaintiff failed to file either a timely Opposition or a Statement of Non-Opposition to the Motion 23 as required under Eastern District of California 230(c). On October 10, 2017 the court issued an 24 Order to Show Cause why the failure to file should not be viewed as a Statement of Non- 25 Opposition and, therefore, the Motion to Dismiss be granted as unopposed and directed the 26 plaintiff to respond to the Order with 14 days of the date the Order was issued. ECF No. 9. 27 Plaintiff has filed neither a response to the Order to Show Cause nor a response to the Motion. 28 //// 1 1 In light of the foregoing IT IS HEREBY RECOMMENDED that: 2 1. 3 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 4 2. 5 This Recommendation is submitted to the United States District Judge assigned to the The Clerk of the Court should close this case. 6 case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being 7 served with these findings and recommendations, any party may file written objections with the 8 court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 9 Recommendations.” Failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.1991). 11 Dated: October 31, 2017 12 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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