McDaniel v. USA, et al

Filing 29

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/27/2021 ADOPTING 28 Findings and Recommendations. No pre-filing order or order declaring plaintiff a vexatious litigant shall issue. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TANYA GRACE McDANIEL,

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Plaintiff,

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No. 2:15-cv-2627-KJM-EFB PS

v.

ORDER

UNITED STATES OF AMERICA, et al.,

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Defendants.

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On March 9, 2021, the magistrate judge filed findings and recommendations, which were

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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.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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

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supported by the record and by the proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed March 9, 2021, are ADOPTED; and

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2. No pre-filing order or order declaring plaintiff a vexatious litigant shall issue.

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DATED: September 27, 2021.

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