(PS) Smith v. Page et al, No. 2:2010cv01615 - Document 7 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 11/9/10 ORDERING the Findings and Recommendations 6 ADOPTED IN FULL; this action is DISMISSED WITHOUT PREJUDICE and Clerk is directed to close the case. CASE CLOSED. (Carlos, K)
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(PS) Smith v. Page et al Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH SMITH, 11 Plaintiff, 12 No. CIV S-10-1615 JAM EFB PS vs. 13 AGENT GLINDA PAGE, et al., 14 ORDER Defendants. __________________________________/ 15 16 On September 22, 2010, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 The court has reviewed the applicable legal standards and, good cause appearing, 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed September 22, 2010, are 3 4 ADOPTED; and 2. This action is dismissed without prejudice and the Clerk is directed to close the 5 case. See Fed. R. Civ. P. 41(b); L.R. 110, 183(b). 6 DATED: November 9, 2010 7 8 /s/ John A. Mendez 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2