(PS) Atsbaha v. Barr, No. 2:2019cv01462 - Document 5 (E.D. Cal. 2020)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 4/17/20 ADOPTING 4 Findings and Recommendations. This action is dismissed without prejudice. (Kaminski, H)

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(PS) Atsbaha v. Barr Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MULUGETA ATSBAHA, 12 Plaintiff, 13 14 15 16 v. No. 2:19-cv-1462 KJM DB PS ORDER WILLIAM BARR, ATTORNEY GENERAL, Defendant. 17 18 19 20 Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a United States Magistrate Judge as provided by Local Rule 302(c)(21). On February 6, 2020, the magistrate judge filed findings and recommendations, which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days after service of the findings and 23 recommendations. The fourteen-day period has expired, and plaintiff has not filed any objections 24 to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 Dockets.Justia.com 1 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 2 supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 6, 2020 (ECF No. 4) are adopted in 5 6 7 full; and 2. This action is dismissed without prejudice. DATED: April 17, 2020. 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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