Maxwell v. Holder, et al

Filing 44

ORDER signed by District Judge Troy L. Nunley on 7/20/2015 FINDINGS AND RECOMMENDATIONS 32 are ADOPTED in FULL; Defendants' 19 Motion to Dismiss is GRANTED and Plaintiff's complaint is DISMISSED without prejudice; Plaintiff's 22 motion for summary judgment and request for judicial notice is DENIED as MOOT. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VALENTINA S. MAXWELL, 12 13 No. 2:14-cv-2772 TLN AC Plaintiff, v. ORDER 14 ERIC H. HOLDER, JR., et al., 15 Defendants. 16 17 18 19 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On May 15, 2015, the magistrate judge filed findings and recommendations herein which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. (ECF No. 32.) Plaintiff 22 filed objections to the findings and recommendations on May 26, 2015. (ECF No. 36.) 23 Defendants filed a response to the objections to the findings and recommendations on May 28, 24 2015. (ECF No. 37.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 1 //// 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed May 15, 2015 are adopted in full; 4 2. Defendants’ Motion to Dismiss, (ECF No. 19), is granted and Plaintiff’s Complaint is 5 6 7 dismissed without prejudice; 3. Plaintiff’s Motion for Summary Judgment and request for judicial notice, (ECF No. 22), is denied as moot. 8 9 IT IS SO ORDERED. 10 Dated: July 20, 2015 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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