Lepp et al v. Yuba County et al

Filing 149

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/21/2020 ADOPTING 148 Findings and Recommendations. The second amended complaint's claims against defendants Reisig and Net-5, the only remaining defendants, are DISMISSED for failure to timely effect service of process and for lack of prosecution. The Clerk is directed to close the case. CASE CLOSED. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

REVEREND HEIDI LEPP, et al.,

12

Plaintiffs,

13
14

No. 2:17-cv-1317-KJM-EFB PS

v.

ORDER

YUBA COUNTY, et al.,

15

Defendants.

16
On September 14, 2020, the magistrate judge filed findings and recommendations, which

17
18

were served on the parties and which contained notice that any objections to the findings and

19

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,

20
21

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

22

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

23

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

24

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

25

supported by the record and by the proper analysis.

26

/////

27

/////

28

/////

1

Accordingly, IT IS ORDERED that:

2

1. The Findings and Recommendations filed September 14, 2020, are ADOPTED;

3

2. The second amended complaint’s claims against defendants Reisig and Net-5, the only

4

remaining defendants, are dismissed for failure to timely effect service of process and

5

for lack of prosecution; and

6
7

3. The Clerk is directed to close the case.
DATED: October 21, 2020.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2