Johnson v. Ona

Filing 27

ORDER signed by Judge Kimberly J. Mueller on 3/13/12 ORDERING 23 Findings and Recommendations are adopted in full; and defendant's 8/16/11 motion to dismiss is denied. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT N. JOHNSON,
Plaintiff,

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No. Civ S-11-0021-KJM-JFM (PS)

vs.
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GODWIN ONA,
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Defendant.

Plaintiff filed the above-entitled action. The matter was referred to a United

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ORDER
/

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States Magistrate Judge as provided by Local Rule 72-302(c)(21).

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On November 8, 2011, the magistrate judge filed findings and recommendations,

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

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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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). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 8, 2011 are adopted in

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full; and

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2. Defendant’s August 16, 2011 motion to dismiss is denied.
DATED: March 13, 2012.

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UNITED STATES DISTRICT JUDGE

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/john0021.804

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