Rubang v. NAF-Human Resources

Filing 17

ORDER signed by District Judge Kimberly J. Mueller on 3/10/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/21/16 9 are ADOPTED in full; Defendant's MOTION to DISMISS 6 is GRANTED with leave to amend; and Plaintiff is GRANTED thirty days from the date of service of this order to file an amended complaint. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TEODORO G. RUBANG,

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Plaintiff,

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No. 2:15-cv-2195 KJM AC

v.

ORDER

NAF-HUMAN RESOURCES,

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Defendant.

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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a

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United States Magistrate Judge as provided by Local Rule 302(c)(21).
On January 21, 2016, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. ECF No. 9. Neither party

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has filed objections to the findings and recommendations.

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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 reviewed

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

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 21, 2016, are adopted in full;

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2. Defendant’s motion to dismiss, ECF No. 6, is granted with leave to amend; and

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3. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the requirements of the Federal Rules of Civil Procedure, and the

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Local Rules of Practice; the amended complaint must bear the docket number assigned this case

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and must be labeled “First Amended Complaint;” plaintiff must file an original and two copies of

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the amended complaint.

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DATED: March 10, 2017

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UNITED STATES DISTRICT JUDGE

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