Turner v. C R Bard Inc.

Full title: MELISSA TURNER, Plaintiff, v. C R BARD INCORPORATED, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 2, 2021

No. 2:20-cv-00645-DAD-BAM (E.D. Cal. Feb. 2, 2021)

Opinion

No. 2:20-cv-00645-DAD-BAM

02-02-2021

MELISSA TURNER, Plaintiff, v. C R BARD INCORPORATED, et al., Defendants.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF'S FAILURE TO PROSECUTE, FAILURE TO APPEAR, AND FAILURE TO OBEY COURT ORDERS

(Doc. No. 53)

Plaintiff Melissa Turner is proceeding pro se in this civil action against defendants C R Bard Inc., and Bard Peripheral Vascular Inc. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On December 7, 2020, the assigned magistrate judge issued findings and recommendations recommending that this action be dismissed with prejudice due to plaintiff's failure to prosecute, failure to appear, and failure to obey court orders. (Doc. No. 53.) Specifically, plaintiff failed to appear at a scheduling conference set for July 22, 2020 and a status hearing on November 4, 2020. (Id. at 2.) In addition, plaintiff failed to personally appear by telephone for a conference on December 4, 2020 as ordered by the court "to show cause why sanctions should not be imposed and/or this action should not be dismissed for her failure to appear at the November 4, 2020 status conference." (Id.) The pending findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 4.) To date, no objections have been filed and the time in which to do so has now passed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly:

1. The findings and recommendations issued on December 7, 2020 (Doc. No. 53) are adopted in full;

2. This action is dismissed with prejudice due to plaintiff's failure to prosecute this action, failure to appear, and failure to obey court orders; and

3. The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.

Dated: February 2 , 2021

/s/_________

UNITED STATES DISTRICT JUDGE