Gastelum v. Bed Bath & Beyond, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO GASTELUM, Case No. 1:22-cv-01173-ADA-CDB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. THIS CASE 14 BED BATH & BEYOND, INC., (Doc. 14) 15 Defendant. 16 17 18 On February 8, 2022, the assigned magistrate judge issued findings and recommendations 19 to dismiss Plaintiff’s complaint without prejudice for failing to prosecute and failure to comply 20 with Fed. R. Civ. P. 4(m). The Court served the findings and recommendations on Defendant and 21 gave him 14 days to file objections thereto. Defendant’s deadline for filing objections if any was 22 February 22, 2023, and as of the date of this Order, no objections have been filed. The findings 23 and recommendations advised Defendant that “failure to file objections within the specified time 24 may result in the waiver of rights on appeal.” (Doc. 14); Turner v. Duncan, 158 F.3d 449, 455 25 (9th Cir. 1998). 26 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 27 case. Having carefully reviewed the entire file, the Court concludes the findings and recommendations are supported by the record and by proper analysis. 1 Based upon the foregoing, the Court ORDERS: 2 1. The findings and recommendations issued on February 8, 2023 (Doc. 14) are adopted 3 in full; 4 2. The Clerk of Court be directed to close this case. 5 6 7 | ITIS SO ORDERED. 8 Dated: _ March 10, 2023 9 UNITED $TATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28