Le et al v. USA
Filing
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ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 6/12/2018 DISMISSING Plaintiff's Complaint without leave to amend; Plaintiff's 10 Motion for Default Judgment is DENIED as moot. CASE CLOSED. (Fabillaran, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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HELEN LE; and KHANG NINH,
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No. 2:18-cv-00203-TLN-EFB PS
Plaintiffs,
v.
ORDER
UNITED STATES OF AMERICA, et al.,
Defendants.
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On April 30, 2018, 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. Although not styled objections, plaintiffs
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filed documents on May 2, 3, and 14, 2018, and in an abundance of caution, those filings were
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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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objections have 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 April 30, 2018, are adopted;
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2. Plaintiffs’ complaint is dismissed without leave to amend;
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3. Plaintiff’s motion for default judgment (ECF No. 10) is denied as moot; and
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4. The Clerk is directed to close this case.
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Dated: June 12, 2018
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Troy L. Nunley
United States District Judge
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