Rotar v. Skaggs et al

Filing 5

ORDER signed by Judge Morrison C. England, Jr on 1/20/09 ORDERING that the FINDINGS and RECOMMENDATIONS filed 12/23/08 3 are ADOPTED in full and Defendants Staggs, Garbolino, Gaddis, Couzens, Kearney, Hollows; McElhany, Mendez; England, are DISMISSED from this action with prejudice. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. COLETTE SKAGGS, et al., Defendants. __________________________________/ On December 23, 2008, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. Plaintiff filed objections on January 5, 2009, and they were considered by the district judge. This court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the court assumes its correctness and decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). 1 VIOREL ROTAR, Plaintiff, ORDER No. 2:08-cv-02399-MCE-GGH PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, IT IS ORDERED that: 1. The Findings and Recommendations filed December 23, 2008, are ADOPTED; and 2. Defendants Skaggs, Garbolino, Gaddis, Couzens, Kearney, McElhany, Mendez, Hollows, and England are dismissed from this action with prejudice. Dated: January 20, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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