(PS) Belvins v. Tera Investments II, Inc

Filing 15

ORDER signed by Senior District Judge Kimberly J. Mueller on 10/23/2024 ADOPTING 13 Findings and Recommendations IN FULL. 9 Motion for Default Judgment is DENIED; and DISMISSING the case for lack of subject matter jurisdiction. CASE CLOSED. (Lopez, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ONEAL BELVINS, JR, 12 13 14 No. 2:24-cv-0830 KJM CKD (PS) Plaintiffs, v. ORDER TERA INVESTMENTS II, INC., 15 Defendants. 16 17 This matter was referred to a United States Magistrate Judge as provided by Local Rule 18 302(c)(21). On August 13, 2024, the magistrate judge filed findings and recommendations, which 19 contained notice that any objections to the findings and recommendations were to be filed within 20 fourteen days. (ECF No. 13.) Plaintiff has filed objections to the findings and recommendations. 21 (ECF No. 14.) 22 In accordance with the provisions of 28 U.S.C. ยง 636(b)(1)(C) and Local Rule 304, this 23 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 24 findings and recommendations to be supported by the record and by the proper analysis. 25 Accordingly, IT IS HEREBY ORDERED as follows: 26 1. The findings and recommendations filed August 13, 2024 (ECF No. 13), are adopted 27 28 in full. 2. The motion for default judgment (ECF No. 9) is denied. 1 1 2 3 4 3. The case is dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). 4. The Clerk of the Court is directed to close this case. DATED: October 23, 2024. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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