(PS)(BK) In Re: Sean Patrick Gjerde, No. 2:2015mc00103 - Document 5 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 3 FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 11/13/2015. Appellant Sean Patrick Gjerde's 2 Motion to Proceed In Forma Pauperis is DENIED and Clerk directed to serve a copy of this Order on U.S. Bankruptcy Appellate Panel of the 9th Circuit. This action is TERMINATED. [cc: BAP Clerk] (Marciel, M)
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(PS)(BK) In Re: Sean Patrick Gjerde Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN PATRICK GJERDE, 12 Plaintiff/Appellant, 13 14 15 v. No. 2:15-mc-103-KJM-EFB PS BAP No. EC-15-1193 Bk. No. 15-11520 ROBERT A. HAWKINS, CHAPTER 7, TRUSTEE, ORDER Defendant/Appellee. 16 17 On October 26, 2015, the magistrate judge filed findings and recommendations, which 18 19 were served on the parties and which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. Plaintiff filed objections on November 5, 21 2015. 22 This court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981). As to any portion of the proposed 25 findings of fact to which no objection has been made, the court assumes its correctness and 26 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 27 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 28 Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 Dockets.Justia.com 1 The court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, 3 IT IS ORDERED that: 4 1. The Findings and Recommendations filed October 26, 2015, are ADOPTED; 5 2. Gjerde’s application to proceed in forma pauperis is denied; and 6 3. The Clerk is directed to serve a copy of this order on the U.S. Bankruptcy Appellate 7 Panel of the Ninth Circuit. 8 DATED: November 13, 2015. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2