Trotter v. Felix et al.

Filing 12

ORDER signed by District Judge John A. Mendez on 8/10/20 ADOPTING 10 Findings and Recommendations. Plaintiff's second amended complaint 8 is dismissed without leave to amend. The Clerk is directed to close the case. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH TROTTER,

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No. 2:17-cv-14-JAM-EFB PS

Plaintiff,
v.

ORDER

MARIC FELIX; NELSON FELIX; JOHN
FLANAGAN; and FUSION PROPERTY
MANAGEMENT COMPANY,
Defendants.

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On July 6, 2020, the magistrate judge filed findings and recommendations herein 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 July 24,

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2020, and they were considered by the undersigned.

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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), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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

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reviewed de novo. See Britt v. Simi 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 proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed July 6, 2020, are ADOPTED;

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2. Plaintiff’s second amended complaint (ECF No. 8) is dismissed without leave to

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amend; and
3. The Clerk is directed to close the case.

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DATED: August 10, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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