Torres v. Portfolio Recovery Associates, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARA TORRES, Case No. 1:22-cv-0035 JLT SKO 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND RECOMMENDATION AND DISMISSING 13 v. ACTION WITHOUT PREJUDICE 14 PORTFOLIO RECOVERY (Doc. 10) ASSOCIATES, LLC, 15 Defendant. 16 17 18 Lara Torres sought to hold Portfolio Recovery Associates, LLC, liable for a violation of 19 the Fair Debt Collection Practices Act. (See Doc. 1-2.) On February 15, 2022, Plaintiff filed 20 request to dismiss the action without prejudice pursuant to Federal Rule of Civil Procedure 21 41(a)(2). (Doc. 7.) Defendant filed a statement of non-opposition to Plaintiff’s request. (Doc. 9.) 22 On February 18, 2022, the assigned magistrate judge found the requested voluntary 23 dismissal would not result in “prejudice to some legal interest, some legal claim, [or] some legal 24 argument.” (Doc. 10 at 2, citing quoting Westlands Water Dist. v. United States, 100 F.3d 94, 96 25 (9th Cir. 1996).) Therefore, the magistrate judge recommended that Plaintiff’s request to dismiss 26 the action without prejudice be granted. (Id. at 3.) The Court served the Findings and 27 Recommendation on the parties, which notified them that any objections thereto were due within fourteen days. (See id.) In addition, the Court advised the parties that “failure to file objections 1 | within the specified time may result in the waiver of rights on appeal.” (/d., citing Wilkerson v. 2 | Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections were filed by either party, and the 3 | time to do so has expired. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de 5 | novo review of the case. Having carefully reviewed the entire file, the Court concludes the 6 | findings and recommendation are supported by the record and proper analysis. Accordingly, the 7 | Court ORDERS: 8 1. The Findings and Recommendation issued February 18, 2022 (Doc. 10), are 9 ADOPTED IN FULL. 10 2. Plaintiff's request to dismiss this action (Doc. 7) is GRANTED. 11 3. The action is DISMISSED without prejudice; and 12 4. The Clerk of the Court is directed to close this case. 13 4 IT IS SO ORDERED. 5 Dated: _ March 16, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28