(PS) Davis v. California Department of Child Support Services

Filing 7

ORDER signed by District Judge Troy L. Nunley on 8/6/2020 ADOPTING 6 Findings and Recommendations in full; DENYING 5 Motion as moot; and DISMISSING this case for lack of subject matter jurisdiction. CASE CLOSED. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEON DAVIS, JR., 12 13 14 15 No. 2:20-cv-01393-TLN-AC Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES, Defendant. 16 17 18 Plaintiff Leon Davis, Jr. (“Plaintiff”), an individual proceeding pro se, filed the above- 19 entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local 20 Rule 302(c)(21). 21 On August 26, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within twenty-one days. (ECF No. 6.) Plaintiff 24 has not filed objections to the findings and recommendations. 25 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 1983); see also 28 U.S.C. § 636(b)(1). 1 1 2 Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 26, 2020 (ECF No. 6), are ADOPTED 5 IN FULL; 6 2. The pending motion (ECF No. 5) is DENIED as moot; and 7 3. This case is DISMISSED for lack of subject matter jurisdiction. 8 IT IS SO ORDERED. 9 DATED: October 6, 2020 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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