(PS) Engel et al v. Cantil-Sakauye

Filing 21

ORDER signed by District Judge John A. Mendez on 9/23/2021 ADOPTING 19 Findings and Recommendations in full; GRANTING 12 Motion to Dismiss; DISMISSING Plaintiff's 9 amended complaint. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA ex rel.
JULIUS M. ENGEL,
Plaintiff,

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v.

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No. 2:20-cv-0893-JAM-JDP (PS)

ORDER

TANI CANTIL-SAKAUYE,
Defendant.

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On August 16, 2021, the magistrate judge filed findings and recommendations herein

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

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and recommendations were to be filed within fourteen days. No objections were filed.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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

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

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Having reviewed the file, the court finds the findings and recommendations to be supported by

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the record and by the proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed August 16, 2021, are ADOPTED;

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2. Defendant’s motion to dismiss, ECF No. 12, is granted;

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3. Plaintiff’s amended complaint, ECF No. 9, is dismissed with prejudice; and

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4. The Clerk of Court is directed to close the case.

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Dated: September 23, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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