(PS) Gabales v. State of California EDD et al, No. 2:2009cv00373 - Document 13 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Morrison C. England, Jr. on 7/15/2009 ORDERING 10 The Findings and Recommendations are ADOPTED with regard to 8 defendant Stephens, and defendant Stephens is DISMISSED from this action. (Reader, L)
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(PS) Gabales v. State of California EDD et al Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THEODORE GABALES, 11 Plaintiff, 12 13 CIV-S-09-0373 MCE GGH PS vs. STATE OF CALIFORNIA, et al., 14 Defendants. 15 __________________________________/ 16 ORDER On May 15, 2009, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within ten days. No objections were filed. 19 On June 24, 2009, Magistrate Judge Hollows vacated the findings and 20 recommendations as to non-moving defendants State of California EDD, Bunnell and Sanford. 21 The findings and recommendations were not affected as to defendant Stephens. 22 Accordingly, the court presumes any findings of fact are correct. See Orland v. 23 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 24 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 25 1983). 26 \\\\\ 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 with regard to 3 defendant Stephens. 4 Accordingly, IT IS ORDERED that: 5 1. The Findings and Recommendations filed May 15, 2009, are ADOPTED with 6 7 regard to defendant Stephens, and defendant Stephens is dismissed from this action. Dated: July 15, 2009 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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