(PS) Velez v. Vance ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOSE VELEZ, No. 2:19-cv-2409-MCE-EFB PS 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 TAMMY VANCE, FRANCISCO BOBADILLA, DEMETRIO NIEVES 14 CORTES, HILARIO VELAZQUEZ, DOES 1-10, inclusive, 15 Defendants. 16 17 18 Plaintiff filed this action against four defendants, alleging violations of the Americans 19 with Disabilities Act and the California Unruh Civil Rights Act. ECF No. 1. After defendant 20 Tammy Vance filed an answer to the complaint, plaintiff filed a motion to voluntarily dismiss this 21 action with prejudice. ECF No. 5. Thereafter, Vance—the only defendant to have appeared in 22 this action—was ordered to file, by no later than May 14, 2020, a document stipulating to the 23 dismissal of this action, or otherwise respond to plaintiff’s request for dismissal. See Fed. R. Civ. 24 P. 41(a)(1)(A) (an action may be dismissed without a court order by filing a notice of dismissal 25 prior to a defendant serving an answer or by stipulation signed by all appearing parties). Vance 26 was also notified that should she decline to stipulate to dismissal, the court could dismiss the 27 action based upon plaintiff’s request, “on terms that the court considers proper.” Fed. R. Civ. P. 28 41(a)(2). wOoOe Sf UV VETS INS EP MU PC iter OY Oe 1 The deadline has passed, and defendant Vance has not filed a stipulation or otherwise 2 || responded to plaintiff's motion. Furthermore, the court is not aware of any basis for denying 3 || plaintiffs request for dismissal of this case with prejudice. 4 Accordingly, it is hereby RECOMMENDED that plaintiff’s request to dismiss this action 5 || with prejudice (ECF No. 5) be granted, and the Clerk be directed to close the case. 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 || after being served with these findings and recommendations, any party may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 11 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 12 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 13 | DATED: July 31, 2020. tid, PDEA 15 EDMUND F. BRENNAN 6 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28