(PS) Le et al v. USA, No. 2:2018cv00203 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 6/12/2018 DISMISSING Plaintiff's Complaint without leave to amend; Plaintiff's 10 Motion for Default Judgment is DENIED as moot. CASE CLOSED. (Fabillaran, J)
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(PS) Le et al v. USA Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HELEN LE; and KHANG NINH, 12 13 14 15 No. 2:18-cv-00203-TLN-EFB PS Plaintiffs, v. ORDER UNITED STATES OF AMERICA, et al., Defendants. 16 17 On April 30, 2018, the magistrate judge filed findings and recommendations herein which 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Although not styled objections, plaintiffs 20 filed documents on May 2, 3, and 14, 2018, and in an abundance of caution, those filings were 21 considered by the undersigned. 22 This Court reviews de novo those portions of the proposed findings of fact to which 23 objections have been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the Court 26 assumes its correctness and decides the motions on the applicable law. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 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 proposed Findings and Recommendations in full. 3 Accordingly, IT IS ORDERED that: 4 1. The proposed Findings and Recommendations filed April 30, 2018, are adopted; 5 2. Plaintiffs’ complaint is dismissed without leave to amend; 6 3. Plaintiff’s motion for default judgment (ECF No. 10) is denied as moot; and 7 4. The Clerk is directed to close this case. 8 9 Dated: June 12, 2018 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2