Miller v. Department of Veterans Affairs

Filing 29

ORDER signed by District Judge Kimberly J. Mueller on 1/8/2020 ADOPTING 28 Findings and Recommendations in full. Defendants' unopposed 24 Motion for Summary Judgment is GRANTED. The Clerk is directed to enter judgment and close this file. CASE CLOSED. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE FRANCIS MILLER, SR.,

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Plaintiff,

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No. 2:17-CV-0759-KJM-DMC

v.

ORDER

DEPARTMENT OF VETERANS
AFFAIRS, et al.,
Defendants.

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Plaintiff, who is proceeding pro se, brings this civil action. The matter was

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referred to a United States Magistrate Judge as provided by Eastern District of California local

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rules.

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On November 1, 2019, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.

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The court presumes that any findings of fact are correct. 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 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations

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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]
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court . . . .”). 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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The findings and recommendations filed November 1, 2019, are adopted in

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Defendants’ unopposed motion for summary judgment (ECF No. 24) is

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The Clerk of the Court is directed to enter judgment and close this file.

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full;

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granted; and

DATED: January 8, 2020.

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