(PS) Keeler v. Kuyper ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLY J. KEELER, No. 2:16-cv-02094-TLN-DMC 12 Plaintiff, 13 v. ORDER 14 TREVER KUYPER, 15 Defendant. 16 17 Kimberly J. Keeler (“Plaintiff”), proceeding pro se, brings this civil action. The matter 18 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 19 Rule 302. 20 On August 29, 2018, the magistrate judge filed findings and recommendations which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 9.) Neither party filed 23 objections to the Findings and Recommendations. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 29, 2018 (ECF No. 9), are 5 adopted in full; 6 2. This action is DISMISSED without prejudice for lack of prosecution and failure to 7 comply with Court rules and orders; and 8 3. The Clerk of the Court is directed to enter judgment and close this file. 9 IT IS SO ORDERED. 10 DATED: April 7, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28