(PS) Murphy v. Federal Express Corporation ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON O. MURPHY, No. 2:21-cv-142-KJM-KJN PS 12 Plaintiff, ORDER 13 v. 14 FEDERAL EXPRESS CORP., 15 Defendant. 16 17 On January 28, 2021 the magistrate judge filed findings and recommendations (ECF No. 18 3), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed by the deadline, however, plaintiff did file objections submitted after the deadline. (ECF 21 No. 4.) The court exercises its discretion to consider the objections1 and so reviews de novo those 22 portions of the findings and recommendations to which an objection has been made. 28 U.S.C. 23 § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 24 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). 25 The court has reviewed the applicable legal standards and, good cause appearing, 26 concludes it is appropriate to adopt the findings and recommendations in full. 27 1 In so doing the court construes the Army order attached to the complaint as generally signalling 28 plaintiff’s need for more time to prepare legal filings. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, ECF No. 3, are ADOPTED IN FULL; 3 2. The action is DISMISSED WITH PREJUDICE; and 4 3. The Clerk of Court is directed to CLOSE this case 5 || DATED: September 28, 2021. 6 7 l ti / ¢ q_/ CHIEF NT] ED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28