In Re: Sean Patrick Gjerde

Filing 5

ORDER ADOPTING 3 FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 11/13/2015. Appellant Sean Patrick Gjerde's 2 Motion to Proceed In Forma Pauperis is DENIED and Clerk directed to serve a copy of this Order on U.S. Bankruptcy Appellate Panel of the 9th Circuit. This action is TERMINATED. [cc: BAP Clerk] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN PATRICK GJERDE,

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Plaintiff/Appellant,

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v.

No. 2:15-mc-103-KJM-EFB PS
BAP No. EC-15-1193
Bk. No. 15-11520

ROBERT A. HAWKINS, CHAPTER 7,
TRUSTEE,

ORDER

Defendant/Appellee.

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On October 26, 2015, 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. Plaintiff filed objections on November 5,

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2015.

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This court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981). As to any portion of the proposed

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findings of fact to which no objection has been made, the court assumes its correctness and

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decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th

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Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi

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Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).
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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly,

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IT IS ORDERED that:

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1. The Findings and Recommendations filed October 26, 2015, are ADOPTED;

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2. Gjerde’s application to proceed in forma pauperis is denied; and

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3. The Clerk is directed to serve a copy of this order on the U.S. Bankruptcy Appellate

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Panel of the Ninth Circuit.

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DATED: November 13, 2015.

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UNITED STATES DISTRICT JUDGE

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