Bender v. Orozco, No. 1:2018cv01168 - Document 67 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 66 Findings and Recommendations signed by District Judge Dale A. Drozd on 07/22/2021. CASE CLOSED.(Flores, E)
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Bender v. Orozco Doc. 67 Case 1:18-cv-01168-DAD-BAM Document 67 Filed 07/23/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TARA ELAINE BENDER, 12 Plaintiff, 13 14 v. No. 1:18-cv-01168-NONE-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS J. OROZCO, (Doc. No. 66) 15 Defendant. 16 Plaintiff Tara Elaine Bender, proceeding with counsel, initiated this civil rights action on 17 18 August 27, 2018. (Doc. No. 1.) Defendant J. Orozco filed a motion to dismiss for failure to 19 prosecute and failure to obey court order. (Doc. No. 53.) The matter was referred to a magistrate 20 judge for issuance of findings and recommendations in accordance with 28 U.S.C. § 636(b)(1)(B) 21 and (C). (Doc. No. 59.) 22 On June 30, 2021, the assigned magistrate judge issued findings and recommendations 23 recommending that the motion to dismiss be granted due to plaintiff’s failure to prosecute this 24 action and failure to comply with court orders. (Doc. No. 66.) Those findings and 25 recommendations were served on all parties and contained notice that objections thereto were to 26 be filed within fourteen (14) days. (Id.) No objections have been filed and the time in which to 27 do so has now passed. 28 ///// 1 Dockets.Justia.com Case 1:18-cv-01168-DAD-BAM Document 67 Filed 07/23/21 Page 2 of 2 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 courts finds the findings and recommendations to be supported by the record and proper analysis. 4 Plaintiff has not appeared for or allowed the completion of her deposition since at least February 5 2020. Her conduct has taken more than enough of this court’s time and resources, has prejudiced 6 defendant, and cannot be controlled by any sanction less drastic than dismissal. The magistrate 7 judge’s recommendation of dismissal for failure to prosecute and failure to obey court orders will 8 be adopted in full. 9 10 Accordingly, 1. 11 12 The findings and recommendations issued on June 30, 2021 (Doc. No. 66) are adopted in full; 2. 13 Defendant’s motion to dismiss for failure to prosecute and failure to obey court order (Doc. No. 53) is granted; 14 3. This action is dismissed in its entirety; and 15 4. The Clerk of the Court is directed to close this case. 16 17 18 IT IS SO ORDERED. Dated: July 22, 2021 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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