(PS) McGee v. Mansfield ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILOMENA G. MCGEE and No. 2:21-cv-2216-KJM-KJN PS DONALD M. BIRD, No. 2:22-cv-1456-KJM-KJN PS 12 Plaintiffs, ORDER 13 v. (2:21-cv-2216 at ECF No. 28.) 14 (2:22-cv-1456 at ECF No. 15.) KIMBERLY MANSFIELD, et al., 15 Defendants. 16 17 On December 5, 2022 the magistrate judge filed findings and recommendations 18 (2:21-cv-2216 at ECF No. 28; 2:22-cv-1456 at ECF No. 15), which were served on the parties 19 and which contained notice that any objections to the findings and recommendations were to be 20 filed within fourteen (14) days. On December 13, 2022 plaintiffs filed objections to the findings 21 and recommendations (2:22-cv-1456 at ECF No. 16), which have been considered by the court. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 23 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 24 findings and recommendations to be supported by the record and by the proper analysis, including 25 the magistrate judge’s analysis of the Ferdik factors. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 26 (9th Cir. 1992) (invoking Fed. R. Civ. P. 4(b) in discussing standards applicable to dismissal for 27 failure to comply with a court order). 28 ///// ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations (2:21-cv-2216 at ECF No. 28; 2:22-cv-1456 at 3 ECF No. 15) are ADOPTED IN FULL; 4 2. Plaintiffs cases are DISMISSED WITH PREJUDICE as a sanction under Rule 11 5 and the court’s inherent power; and 6 3. The Clerk of the Court is directed to CLOSE these cases. 7 | DATED: January 24, 2023. 8 9 l ti / ¢ q_/ 10 CHIEF NT] ED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28