(PS)Loftus v. AT&T, Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT C. LOFTUS, JR., No. 2:18-cv-02866-TLN-DB 12 Plaintiff, 13 v. ORDER 14 AT&T, INC., 15 Defendant. 16 17 Plaintiff Robert C. Loftus, Jr. (“Plaintiff”), proceeding pro se, initiated the instant action, 18 which was removed to this Court on October 26, 2018. (ECF No. 1.) The matter was referred to 19 a United States Magistrate Judge pursuant to Local Rule 302(c)(21). 20 On September 20, 2019, the magistrate judge filed findings and recommendations herein 21 which was served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days after service of the findings 23 and recommendations. (ECF No. 22.) Plaintiff has not filed any objections to the Findings and 24 Recommendations.1 25 /// 26 27 1 Plaintiff has, however, filed a Notice of Interlocutory Appeal as to the Findings and Recommendations. (ECF No. 23.) The Ninth Circuit dismissed Plaintiff’s interlocutory appeal 28 for lack of jurisdiction on October 30, 2019. (ECF No. 27.) 1 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 2 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 3 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 4 1983); see also 28 U.S.C. § 636(b)(1). 5 Having reviewed the file under the applicable legal standards, the Court finds the Findings 6 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations, filed September 20, 2019 (ECF No. 22), are 9 adopted in full; 10 2. This action is DISMISSED, without prejudice, for failure to prosecute; and 11 3. The Clerk of the Court is directed to close this file. 12 IT IS SO ORDERED. 13 Dated: December 2, 2019 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28