(PS) Portnoy et al v. United States of America et al, No. 2:2008cv01266 - Document 9 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 7 signed by Judge Morrison C. England, Jr on 4/3/2009; this action is DISMISSED without prejucie. CASE CLOSED. (Reader, L)

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(PS) Portnoy et al v. United States of America et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SERGEI & ELENA PORTNOY, 12 13 No. CIV-S-08-1266 MCE GGH PS Plaintiff, vs. ORDER 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 ____________________________________/ On December 11, 2008, the magistrate judge filed findings and recommendations 18 herein which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within ten days. Plaintiffs filed objections on 20 December 22, 2008, and they were considered by the district judge. 21 This court reviews de novo those portions of the proposed findings of fact to 22 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 23 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 24 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 25 the court assumes its correctness and decides the motions on the applicable law. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). 1 Dockets.Justia.com 1 The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley 2 Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 The court has reviewed the applicable legal standards and, good cause appearing, 4 concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, 5 IT IS ORDERED that: 6 7 8 9 1. The Findings and Recommendations filed December 11, 2008, are ADOPTED; and 2. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b). Dated: April 3, 2009 10 11 12 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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