Johnson v. Chan et al

Filing 63

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/28/2020 ADOPTING 60 Findings and Recommendations in full. Plaintiff's 54 motion for default judgment against defendant Chauhan is DENIED without prejudice. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:17-cv-0138 KJM AC

Plaintiff,
v.

ORDER

SIU KEUNG CHAN, et al.,
Defendants.

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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a
United States Magistrate Judge as provided by Local Rule 302(c)(21).
On August 26, 2020, 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 twenty-one days. ECF No. 60. Neither

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party 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,

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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 HEREBY ORDERED that:

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1. The findings and recommendations filed August 26, 2020, are adopted in full; and

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2. Plaintiff’s motion for default judgment against defendant Chauhan, ECF No. 54, is

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DENIED without prejudice.

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DATED: October 28, 2020.

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