California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al

Filing 80

ORDER signed by Judge Garland E. Burrell, Jr on 4/30/12 ADOPTING in full 74 Findings and Recommendations; DENYING 55 Motion to Dismiss. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE,

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Plaintiff,

CIV-S-10-1801 GEB GGH PS

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vs.
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WILLIAM CALLAWAY,
dba PARADISE READY MIX,

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Defendant.
ORDER
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On March 20, 2012, the magistrate judge filed findings and recommendations

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herein which were served on the parties and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen days. Objections were filed on

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March 30, 2012, and they were considered by the district judge.1

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This court reviews de novo those portions of the proposed findings of fact to

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which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v.

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Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920

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(1982). As to any portion of the proposed findings of fact to which no objection has been made,

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The objections filed on April 24, 2012, will be construed as a motion for reconsideration,
and will be addressed separately by the magistrate judge.
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the court assumes its correctness and decides the motions on the applicable law. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the March 20, 2012, Findings and Recommendations in

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full. Accordingly, IT IS ORDERED that Callaway’s motion to dismiss, filed January 25, 2012

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(dkt. no. 55) is denied.

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Dated: April 30, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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