(PS) Strojnik v. Capitol Regency, LLC

Filing 48

ORDER signed by Senior Judge Morrison C. England, Jr. on 6/4/2021 ADOPTING in FULL 47 Findings and Recommendations. DENYING 40 Motion to require plaintiff to post a bond. DENYING 41 Motion to declare plaintiff a vexatious litigant. GRANTING 38 Motion to Dismiss. This action is DISMISSED without leave to amend and without prejudice, for lack of federal subject-matter jurisdiction, and the Clerk of the Court is directed to close this case. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER STROJNIK, SR.,

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Plaintiff,

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No. 2:19-cv-01587-MCE-KJN PS

v.

ORDER

CAPITOL REGENCY, LLC, et al.,

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Defendants.

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On April 30, 2021, the magistrate judge filed findings and recommendations (ECF

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No. 47), which were served on the parties and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen (14) days. No objections were

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filed. Accordingly, 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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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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 findings and recommendations in full. Accordingly,

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IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 47) are ADOPTED IN FULL;

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2. Defendant Hyatt Corporation’s motion to require plaintiff to post a bond (ECF No. 40) is

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DENIED;

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3. Defendants’ motion to declare plaintiff a vexatious litigant (ECF No. 41) is DENIED;

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4. Defendants’ motion to dismiss (ECF No. 38) is GRANTED;

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5. This action is DISMISSED without leave to amend and without prejudice, for lack of

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federal subject-matter jurisdiction; and
6. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated: June 4, 2021

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