(PS)Osborne v. Calvache et al

Filing 7

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/7/2022 ADOPTING 6 Findings and Recommendations in full, DISMISSING plaintiff's complaint without prejudice and without leave to amend. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHELLE OSBORNE,

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Plaintiff,

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No. 2:20-cv-02341-KJM-JDP (PS)

v.

ORDER

JOSE CLAVACHE, et al.,

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Defendants.

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On November 17, 2021, the magistrate judge filed findings and recommendations, which

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

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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the findings and recommendations.

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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 HEREBY ORDERED that:

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1. The findings and recommendations filed November 17, 2021, are adopted in full;

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

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

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DATED: January 7, 2022.

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