(PS) Tobia v. Dollar Tree Stores, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD TOBIA, No. 2:18-cv-871-MCE-EFB PS 12 Plaintiff, 13 v. ORDER 14 DOLLAR TREE STORES, INC., a California Corporation dba Dollar Tree 15 Store # 4760; KEVIN WAMPLER; and DOES 1-10, 16 Defendants. 17 18 19 On February 24, 2020, the magistrate judge filed findings and recommendations herein 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 22 Accordingly, the Court presumes any findings of fact are correct. See Orland v. United 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 1 Although it appears from the file that plaintiff’s copy of the findings and 27 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 28 of documents at the record address of the party is fully effective. 1 The Court has reviewed the applicable legal standards and, good cause appearing, 2 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 ADOPTED; 6 2. This action is DISMISSED for failure to prosecute and failure to comply with court 7 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28