United States of America v. Peery

Filing 112

ORDERsigned by District Judge John A. Mendez on 10/3/2019 ADOPTING in FULL 94 Findings and Recommendations, and DENYING 86 Defendant's motion to dismiss. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 No. 2:18-cv-1074 JAM AC (PS) v. ORDER NEWMAN S. PEERY, JR., 15 Defendant. 16 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States 17 18 Magistrate Judge pursuant to Local Rule 302(c)(21). On July 11, 2019, the magistrate judge filed findings and recommendations herein which 19 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. ECF No. 94. Defendant 22 filed amended objections to the findings and recommendations. ECF No. 98. Plaintiff has filed a 23 response to the objections. ECF No. 102. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 11, 2019, are adopted in full; and 3 2. Defendant’s motion to dismiss (ECF No. 86) is DENIED. 4 5 6 Dated: October 3, 2019 /s/ John A. Mendez HONORABLE JOHN A. MENDEZ United States District Court Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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