(PS) Clem et al v. Riebe et al, No. 2:2008cv00013 - Document 51 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 8/20/10 ORDERING the Findings and Recommendations ADOPTED; dfts' motion to dismiss 48 is GRANTED and this action is DISMISSED pursuant to FRCP 41(b); clerk is directed to close case; CASE CLOSED. (Carlos, K)
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(PS) Clem et al v. Riebe et al Doc. 51 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRISTA D. CLEM, JOHN O’SULLIVAN, 11 Plaintiffs, No. CIV S-08-0013 FCD EFB PS 12 vs. 13 TODD RIEBE, et al., 14 15 Defendants. __________________________________/ ORDER 16 On July 8, 2010, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. 19 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). The court has reviewed the applicable legal standards and, good cause appearing, 23 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed July 8, 2010, are 3 ADOPTED; 4 5 6 7 8 9 2. Defendants’ motion to dismiss for failure to prosecute, Dckt. No. 48, is granted; 3. This action is dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on plaintiffs’ failure to prosecute this action; and 4. The Clerk is directed to close the case. DATED: August 20, 2010. 10 11 12 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2