(PS) Ferreira da Silva v. Ross et al

Filing 46

ORDER signed by Chief District Judge Kimberly J. Mueller on 01/17/2023 ADOPTING 45 Findings and Recommendations; DENYING 32 Motion to Dismiss. This case is REFERRED back to the assigned Magistrate Judge for further pretrial proceedings. (Rodriguez, E)

Case 2:21-cv-01208-KJM-CKD Document 46 Filed 01/17/23 Page 1 of 2
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALEXANDRA FERREIRA da SILVA,

12

Plaintiff,

13
14

No. 2:21-cv-1208-KJM-CKD PS

v.

ORDER

MARY MARKEY, et al.,

15

Defendants.

16
This matter was referred to a United States Magistrate Judge as provided by Local

17
18

Rule 302(c)(19). On November 17, 2022, the magistrate judge filed findings and

19

recommendations, which contained notice that any objections to the findings and

20

recommendations were to be filed within fourteen days. No party has filed objections to the

21

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

22
23

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

24

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

25

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

26

. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

27

supported by the record and by the proper analysis.

28

/////
1

Case 2:21-cv-01208-KJM-CKD Document 46 Filed 01/17/23 Page 2 of 2
1

Accordingly, IT IS HEREBY ORDERED:

2

1. The findings and recommendations filed November 17, 2022 (ECF No. 45), are

3

adopted.

4

2. Defendant’s motion to dismiss (ECF No. 32) is denied.

5

3. This case is referred back to the assigned magistrate judge for further pretrial

6
7

proceedings.
DATED: January 17, 2023.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2