Alston v. Tassone et al

Filing 35

ORDER signed by Judge John A. Mendez on 7/27/12 ORDERING that the FINDINGS AND RECOMMENDATIONS 33 are ADOPTED IN FULL; Plaintiff's MOTION for Leave of Court 32 , construed as a Request to Stay the Action is DENIED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CD ALSTON,

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Plaintiff,

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No. 2:11-cv-2078 JAM GGH PS

vs.
PAUL TASSONE, et al.,

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Defendants.

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ORDER
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On July 2, 2012, the magistrate judge filed findings and recommendations herein

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

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and recommendations were to be filed within fourteen (14) days. No objections were filed.

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Accordingly, the court presumes any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations (dkt. no. 33) are ADOPTED IN FULL;

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2. Plaintiff’s motion for leave of court (dkt. no. 32), construed as a request to stay

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the action, is DENIED.

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DATED: July 27, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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