(PS) Rubang, Jr. v. Focarino, et al., No. 2:2016cv00088 - Document 14 (E.D. Cal. 2016)

Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 6/15/2016 FINDINGS AND RECOMMENDATIONS 10 are ADOPTED in FULL; Defendant's 5 Motion to Dismiss is GRANTED; Plaintiff's putative patent claim (or any claim seeking relief in the form of an order directing the issuance of a patent) is DISMISSED with prejudice; and plaintiff is GRANTED leave to amend his other claims as described in the Findings and Recommendations. (Reader, L)

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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 GONZALOR. RUBANG, JR., 12 13 14 No. 2:16-cv-00088 GEB AC Plaintiff, v. ORDER UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 18 19 Plaintiff is proceeding in this action in pro per. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21). On May 17, 2016, the magistrate judge filed findings and recommendations herein which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within twenty-one days. ECF No. 10. Plaintiff 22 has filed objections to the findings and recommendations. ECF No. 11. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 court finds the findings and recommendations to be supported by the record and by proper 26 analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The findings and recommendations filed May, 17, 2016, are adopted in full; 1 1 2. Defendant’s motion to dismiss, ECF No. 5, is granted; 2 3. Plaintiff’s putative patent claim (or any claim seeking relief in the form of an order 3 4 directing the issuance of a patent) is dismissed with prejudice; and 4. The plaintiff is granted leave to amend his other claims as described in the Findings 5 and Recommendations. 6 Dated: June 15, 2016 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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