(PS) Johnson v. Lake Shastina Police Dept ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 POLLY JOHNSON, No. 2:19-CV-1193-MCE-DMC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 LAKE SHASTINA POLICE DEPARTMENT, et al., 15 Defendants. 16 17 18 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the 19 Court is Defendants’ motion to dismiss as terminating sanctions, ECF No. 21. Plaintiff has not 20 filed an opposition. 21 Defendants argue that this action should be dismissed as an appropriate sanction 22 for Plaintiff’s failure to obey this Court’s order to appear for a deposition. See ECF No. 21-1. 23 Defendants also seek an award of reasonable fees in the amount of $1,200.00. See ECF No. 21-2. 24 Pursuant to Eastern District of California Local Rule 230(c), the Court construes Plaintiff’s 25 failure to file an opposition to Defendants’ motion as consent to the relief requested. 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that: 2 1. Defendants’ unopposed motion to dismiss, ECF No. 21, be granted; and 3 2. Plaintiff be ordered to pay to Defendants $1,200.00 in reasonable costs. 4 These findings and recommendations are submitted to the United States District 5 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 6 | after being served with these findings and recommendations, any party may file written objections 7 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 8 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 9 | Yist, 951 F.2d 1153 (9th Cir. 1991). 10 11 | Dated: February 11, 2022 Ssvcqo_ 12 DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28