(PS) Schembri v. FBI Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLEY A. SCHEMBRI, No. 2:23-cv-0184-DJC-KJN (PS) 12 Plaintiff, ORDER 13 v. 14 FBI SACRAMENTO, et al., 15 Defendant. 16 17 On October 16, 2023, the Magistrate Judge filed findings and 18 recommendations herein which were served on the Plaintiff and which contained 19 notice that any objections to the findings and recommendations were to be filed 20 within fourteen days. No objections were filed. 21 Accordingly, the Court presumes that any findings of fact are correct. 22 , 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s 23 conclusions of law are reviewed de novo. , 24 708 F.2d 452, 454 (9th Cir. 1983). 25 The Court has reviewed the applicable legal standards and, good cause 26 appearing, concludes that it is appropriate to adopt the Proposed Findings and 27 Recommendations in full. In addition to the reasons stated by the Magistrate Judge, 28 the Court notes that Plaintiff failed to comply with the Magistrate Judge’s Order (ECF 1 | No. 4) directing Plaintiff to file an amended complaint or notice of voluntary dismissal 2 | in response to the Magistrate Judge’s screening order. 3 Accordingly, IT IS ORDERED that: 4 1. The Proposed Findings and Recommendations filed October 16, 2023, are 5 ADOPTED; 6 2. Plaintiff's claims are DISMISSED without prejudice under Local Rule 183(b); 7 and 8 3. The Clerk of Court is directed to close this case. 9 10 14 IT IS SO ORDERED. 12 || Dated: _ December 1, 2023 Donal J CoD bra Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 | RS sche.0184 17 18 19 20 21 22 23 24 25 26 27 28