(PS) State of California v. Ficklin

Filing 9

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/30/2021 ADOPTING IN FULL 8 Findings and Recommendations and DISMISSING this action without prejudice to filing in state court. CASE CLOSED. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STATE OF CALIFORNIA,

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Plaintiff,

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v.

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No. 2:20-cv-1777 KJM JDP (PS)

MIKE FICKLIN,

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ORDER

Defendant.

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On February 11, 2021, the magistrate judge filed findings and recommendations, which

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

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recommendations were to be filed within fourteen days. No objections were filed.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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

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by the 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

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supported by the record and by the proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed February 11, 2021, are ADOPTED;

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2. This action is DISMISSED without prejudice to filing in state court; and

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

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DATED: March 30, 2021.

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