Tamara King v. State of California

Summary

The United States District Court for the Eastern District of California adopted the Magistrate Judge’s findings and recommendations after no objections were filed. The court dismissed the action without prejudice for failure to prosecute, failure to comply with court orders, and failure to state a claim, denied the plaintiff’s request for homeless funding as moot, and directed the Clerk to close the case.

Holdings

1. The district court presumed the magistrate judge's factual findings correct and reviewed the magistrate judge's legal conclusions de novo.
2. The court adopted the magistrate judge's findings and recommendations and dismissed the action without prejudice for failure to prosecute, failure to comply with court orders, and failure to state a claim.
3. Plaintiff's request for homeless funding was denied as moot following dismissal of the action.

Questions Presented

1. What standard of review applies to the magistrate judge's findings and recommendations when no objections are filed?
2. Whether the magistrate judge's findings and recommendations should be adopted.
3. Whether the action should be dismissed without prejudice for failure to prosecute, failure to comply with court orders, and failure to state a claim.
4. Whether plaintiff's request for homeless funding should be denied as moot.

Disposition

dismissed