(PS) Vongphosy v. Department of Immigration Customs Enforcement

Filing 6

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/7/2021 ADOPTING 5 Findings and Recommendations in full, and DISMISSING this action without prejudice for failure to prosecute. This dismissal shall not operate as an adjudication on the merits. CASE CLOSED. (Huang, H)

Case 2:21-mc-00001-KJM-CKD Document 6 Filed 09/08/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NORM VONGPHOSY,

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No. 2:21-mc-0001-KJM-CKD

Petitioner,
v.

ORDER

DEPARTMENT OF IMMIGRATION
CUSTOMS ENFORCEMENT,
Respondent.

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Petitioner filed this action seeking to change the birthdate on his certificate of

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naturalization. The matter was referred to a United States Magistrate Judge as provided by

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 9, 2021, the magistrate judge filed findings and recommendations,

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which were served on petitioner and which contained notice to petitioner that any objections to

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the findings and recommendations were to be filed within fourteen days. Petitioner has not filed

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objections to the findings and recommendations.

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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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Case 2:21-mc-00001-KJM-CKD Document 6 Filed 09/08/21 Page 2 of 2
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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 HEREBY ORDERED:

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1. The findings and recommendations filed August 9, 2021 are adopted in full;

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2. This action is dismissed without prejudice for failure to prosecute;

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3. This dismissal shall not operate as an adjudication on the merits; and

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

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DATED: September 7, 2021.

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