Whitsitt v. Patricio Enterprises et al

Filing 18

ORDER adopting 8 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 2/28/14: Defendant United States is dismissed from this action without prejudice. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT,

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Plaintiff,

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No. No. 2:13-cv-0118 KJM GGH PS

v.

ORDER

PATRICIO ENTERPRISES, et al.,

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Defendants.

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On September 30, 2013, the magistrate judge filed findings and recommendations, which

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

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recommendations were to be filed within fourteen days. No objections were filed.

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The court presumes that 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). Having carefully

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reviewed the file, the court finds the findings and recommendations to be supported by the record

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and by the proper analysis.

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Accordingly, IT IS ORDERED that the Findings and Recommendations filed September

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30, 2013, are ADOPTED and defendant United States is dismissed from this action without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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DATED: February 28, 2014.

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UNITED STATES DISTRICT JUDGE

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