(PS) United States of America v. Peery, No. 2:2018cv01074 - Document 60 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 01/15/19 ADOPTING 54 FINDINGS AND RECOMMENDATIONS in full; DENYING 47 Motion to Dismiss. (Benson, A.)
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(PS) United States of America v. Peery Doc. 60 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 No. 2:18-cv-1074 JAM AC PS v. ORDER NEWMAN S. PERRY, JR., 15 Defendant. 16 Defendant is proceeding in this action in pro per. The matter was referred to a United 17 18 States Magistrate Judge pursuant to Local Rule 302(c)(21). 19 On November 15, 2018, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. ECF No. 54. 22 Defendant has filed amended objections to the findings and recommendations. ECF No. 56. 23 Plaintiff has filed a response to the amended objections. ECF No. 57. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 15, 2018, are adopted in full; and 3 2. Defendant’s motion to dismiss (ECF No. 47) is denied. 4 5 6 7 DATED: January 15, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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