Tobia v. Dollar Tree Stores, Inc. et al

Filing 8

ORDER signed by Senior Judge Morrison C. England, Jr on 3/23/2020 ADOPTING the Findings and Recommendations filed 2/24/2020;DISMISSING this action for failure to prosecute and failure to comply with court orders; and DIRECTING the Clerk to close this case. CASE CLOSED. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LEONARD TOBIA,

12

Plaintiff,

13
14
15
16

No. 2:18-cv-871-MCE-EFB PS

v.

ORDER

DOLLAR TREE STORES, INC., a
California Corporation dba Dollar Tree
Store # 4760; KEVIN WAMPLER; and
DOES 1-10,
Defendants.

17
18

On February 24, 2020, the magistrate judge filed findings and recommendations herein

19
20

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

21

and recommendations were to be filed within fourteen days. No objections were filed.1
Accordingly, the Court presumes any findings of fact are correct. See Orland v. United

22
23

States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are

24

reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

25

/////

26
27
28

1

Although it appears from the file that plaintiff’s copy of the findings and
recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to
keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service
of documents at the record address of the party is fully effective.
1

1
2

The Court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

3

Accordingly, IT IS ORDERED that:

4

1. The proposed Findings and Recommendations filed February 24, 2020, are

5
6
7

ADOPTED;
2. This action is DISMISSED for failure to prosecute and failure to comply with court
orders; see Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; and

8

3. The Clerk of the Court is directed to close this case.

9

IT IS SO ORDERED.

10

DATED: March 23, 2020

11
12
13

_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2