Tanzy v. Yaylaci ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 INGRAM TANZY, No. 1:21-cv-1187-NONE-JLT 12 Plaintiff, 13 v. ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS 14 BAHRI YAYLACI and LONG ISLAND DISMISSING THE ACTION WITHOUT FREIGHT CORP, PREJUDICE FOR PLAINTIFF’S FAILURE 15 TO COMPLY WITH THE COURT’S Defendants. ORDERS AND FAILURE TO PROSECUTE 16 (Doc. No. 7) 17 18 Ingram Tanzy was injured in a motor vehicle accident with a commercial truck and seeks 19 to hold the defendants, including the truck driver and the owner, liable for negligence. (See 20 generally Doc. No. 1.) Because plaintiff failed to prosecute this action and failed to comply with 21 the court’s orders, the magistrate judge recommended the action be dismissed without prejudice 22 on November 19, 2021. (Doc. No. 7.) 23 Plaintiff was given fourteen days to file any objections to the recommendations. (Doc. 24 No. 7 at 4.) In addition, plaintiff was “advised that failure to file objections within the specified 25 time may waive the right to appeal the District Court’s order.” (Id. at 5, citing Martinez v. Ylst, 26 951 F.2d 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). Thus, 27 any objections were to be filed no later than December 3, 2021. To date, no objections have 28 been filed, and plaintiff has not otherwise responded to the court’s orders. 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley 2 | United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this court conducted a de novo review of 3 | the case. Having carefully reviewed the file, the court finds the findings and recommendations 4 | are supported by the record and proper analysis. Accordingly, 5 1. The findings and recommendations dated November 19, 2021 (Doc. No. 7) are 6 adopted in full; 7 2. The action is dismissed without prejudice; 8 3. The Clerk of Court is directed to assign this matter to a District Judge for 9 termination and resolution of the action; and 10 4. The Clerk of Court is directed to close this action. 11 b IT IS SO ORDERED. ~ sie 13 Dated: _ December 9, 2021 wae os ae 4 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28