(PS) Williams v. State of CA Workers Compensation Appeals Board et al

Filing 30

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING 24 Findings and Recommendations in full; GRANTING 13 Motion to Dismiss; and DISMISSING 1 Complaint without prejudice for lack of proper service. CASE CLOSED. (Perdue, C.)

Case 2:22-cv-00302-KJM-AC Document 30 Filed 01/17/23 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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APRIL PREMO WILLIAMS,

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No. 2:22-cv-00302 KJM AC (PS)

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA WORKERS
COMPENSATION BOARD and THE
HOME DEPOT,
Defendants.

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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a
United States Magistrate Judge as provided by Local Rule 302(c)(21).
On November 10, 2022, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within twenty-one days. ECF No. 24. Neither

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party has filed objections to the findings and recommendations.

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The court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d

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207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See

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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
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Case 2:22-cv-00302-KJM-AC Document 30 Filed 01/17/23 Page 2 of 2
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supported by the record and by the proper analysis. Although plaintiff filed a notice of appeal,

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the notice does not mention what she is appealing in this case. See ECF No. 26. Thus, this

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appeal is frivolous, and the court retains jurisdiction of plaintiff’s case under Chuman v. Wright,

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960 F.2d 104, 105 (9th Cir. 1992). See 20 Moore’s Federal Practice – Civil § 303.32 (2022) (“[a]

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district judge who concludes that an appeal is clearly frivolous may ignore the notice of appeal

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and proceed with the case as if the appeal had not been taken. To hold otherwise would enable a

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party to manipulate the court with dilatory tactics.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 10, 2022, ECF No. 24, are adopted

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in full;

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2. Home Depot’s motion to dismiss, ECF No. 13, is GRANTED;

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3. The complaint, ECF No. 1, is DISMISSED without prejudice for lack of proper

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service; and
4. This case is CLOSED.
DATED: January 17, 2023.

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