Williams v. Quarterspot, Inc ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GRACIELA WILLIAMS, ) Case No.: 1:19-cv-0936 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE ) 14 QUARTERSPOT, INC., et al., ) (Doc. 30) ) 15 Defendants. ) ) 16 ) 17 Graciela Williams initiated this action pro se, seeking to establish the rights and duties of the 18 parties related to a loan. (See Doc. 1.) The magistrate judge determined Williams failed to prosecute 19 this action and failed to comply with the Local Rules requiring parties to keep the Court informed of a 20 proper mailing address. In addition, the magistrate judge found Williams failed to comply with the 21 Court’s order dated July 15, 2019, which indicated the importance of keeping a current address on file 22 for the Court. (See Doc. 30 at 1-2, citing Doc. 5-3.) Therefore, the magistrate judge recommended the 23 action be dismissed without prejudice on February 7, 2022. (Id. at 3.) 24 The Findings and Recommendations were served upon all parties—including the only known 25 address for Williams—and contained notice that any objections were to be filed within fourteen days of 26 service. (Doc. 30 at 3.) In addition, the parties were “advised that failure to file objections within the 27 specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 28 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) The Findings 1 || and Recommendations served on Williams were returned as undeliverable on February 9, 2021. To 2 || date, no objections have been filed by either party. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court conducted a de nove 4 || review of this case. Having carefully reviewed the entire file, the Court concludes that the magistrate 5 ||judge’s Findings and Recommendations are supported by the record and by proper analysis. Based 6 || upon the foregoing, the Court ORDERS: 7 1. The Findings and Recommendations entered on February 7, 2022 (Doc. 30) are 8 ADOPTED. 9 2. This action is DISMISSED without prejudice; and 10 3. The Clerk of Court is directed to close this action. 11 12 IS SO ORDERED. 13 || Dated: _March 13, 2022 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28