(PS) Valdez v. San Joaquin County Superior Court

Filing 10

ORDER signed by District Judge John A. Mendez on 9/8/2020 ADOPTING #7 Findings and Recommendations in full and DISMISSING without leave to amend plaintiff's complaint. CASE CLOSED. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN VALDEZ,

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No. 2:20-cv-1406-JAM-EFB PS
Plaintiff,

v.

ORDER

SUPERIOR COURT OF CALIFORNIA,
SAN JOAQUIN COUNTY,
Defendant.

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On August 6, 2020, 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. Plaintiff filed objections on August

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11, 2020, and they were 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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objection has 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 August 6, 2020, are adopted;

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2. Plaintiff’s complaint is dismissed without leave to amend; and

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3. The Clerk is directed to close the case.

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DATED: September 8, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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