(PS) Gjerde v. United States of America et al, No. 2:2010mc00068 - Document 8 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 5/10/11 IT IS ORDERING thatthe Proposed Findings and Recommendations filed 4//11, are ADOPTED; Gjerde's petition to quash 1 is dismissed; Respondents' motion to dismiss 5 is granted; and the Clerk of Court is directed to close this case and vacate all future dates. CASE CLOSED(Becknal, R)
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(PS) Gjerde v. United States of America et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN P. GJERDE dba LAW OFFICES OF SEAN P. GJERDE, No. 2:10-mc-00068-MCE-KJN-PS 12 Plaintiff, 13 ORDER vs. 14 UNITED STATES OF AMERICA, et al., 15 16 Defendants. __________________________________/ 17 18 On April 8, 2011, the magistrate judge filed findings and recommendations herein which 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. No objections were filed. 21 Accordingly, the court presumes that any findings of fact are correct. See Orand v. 22 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). 25 26 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed April 8, 2011, are ADOPTED; 3 2. Gjerde’s petition to quash (Dkt. No. 1) is dismissed; 4 3. Respondents’ motion to dismiss (Dkt. No. 5) is granted; and 5 4. The Clerk of Court is directed to close this case and vacate all future dates. 6 Dated: May 10, 2011 7 8 9 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2