Despres v. McMillian et al, No. 1:2023cv00525 - Document 8 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 7 Findings and Recommendations and Dismissing Action signed by District Judge Jennifer L. Thurston on 7/6/2023. CASE CLOSED. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LISA DESPRES, 12 13 14 15 16 Case No. 1:23-cv-00525-JLT-HBK Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 7) KENNETH MCMILLIAN, NICK GRANT, Defendants. 17 Plaintiff Lisa Despres proceeds pro se and in forma pauperis in this civil action. (Docs. 1, 18 4.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On April 20, 2023, the assigned Magistrate Judge screened Plaintiff’s Complaint and 21 found that it failed to state a claim. (Docs. 1, 5.) To continue the prosecution of this action, by 22 May 22, 2023, Plaintiff had to either file an amended complaint, file a notice that she intended to 23 stand on her Complaint, or file a notice of voluntarily dismissal under Federal Rule of Civil 24 Procedure 41(a)(1). (Doc. 5 at 4-5.) Plaintiff failed to exercise any of the three options, and on 25 June 1, 2023, the Magistrate Judge issued Findings and Recommendations to dismiss this action 26 for Plaintiff’s failure to prosecute. (Doc. 7.) The Findings and Recommendations were served on 27 Plaintiff and contained a notice that Objections were to be filed within fourteen days. (Id. at 4-5.) 28 1 2 Plaintiff failed to file any objections and the time to do so has expired. (See docket.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 3 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 4 Findings and Recommendations to be supported by the record and by proper analysis. 5 ACCORDINGLY, it is ORDERED: 6 1. 7 8 The Findings and Recommendations, filed on June 1, 2023, (Doc. 7) are ADOPTED IN FULL. 2. 9 The Clerk of Court shall terminate any pending motions, close this case, and enter judgment against Plaintiff. 10 11 12 IT IS SO ORDERED. Dated: July 6, 2023 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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