Love v. Tri-Counties Bank

Filing 55

ORDER signed by Chief District Judge Troy L. Nunley on 3/10/2025 ADOPTING 54 The Findings and Recommendations in full; GRANTING 43 Motion for Attorney Fees in the amount of $44,671.00 against Plaintiff. (Deputy Clerk LMS)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:22-cv-01761-TLN-CKD

MARY LOVE,
Plaintiff,

ORDER

v.
TRI-COUNTIES BANK,
Defendant.

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Defendant Tri-Counties Bank (“Defendant”) filed a Motion for Attorneys’ Fees in this

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closed action against Plaintiff Mary Love (“Plaintiff”), who is now proceeding pro se. On

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February 10, 2025, the magistrate judge filed findings and recommendations, which were served

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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 (14) days. The deadline has passed, and no

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objections were filed.

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Although it appears from the docket that Plaintiff’s copy of the findings and

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recommendations was returned as undeliverable, Plaintiff was properly served. It is Plaintiff’s

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responsibility to keep the Court apprised of her current address and service of documents at the

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record address of the party is fully effective. E.D. Cal. L.R. 182(f).

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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]

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court[.]”). 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 that:

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1. The findings and recommendations (ECF No. 54) are ADOPTED IN FULL;

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2. Defendant’s Motion for Attorneys’ Fees is GRANTED in the amount of $44,671.00

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against Plaintiff.
Date: March 10, 2025

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___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE

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