(PS) Grill v. United States of America et al, No. 2:2020cv00641 - Document 32 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge Troy L. Nunley on 11/29/2021 ADOPTING 25 Findings and Recommendations, GRANTING 13 Motion to Dismiss, and DISMISSING 1 Complaint without leave to amend. CASE CLOSED. (Huang, H)

Download PDF
(PS) Grill v. United States of America et al Doc. 32 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES GRILL, 12 13 14 15 No. 2:20-cv-00641-TLN-JDP Plaintiff, ORDER v. UNITED STATES, Defendant. 16 17 On September 3, 2021, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. (ECF No. 25.) Plaintiff has filed 20 objections to the findings and recommendations. (ECF Nos. 26, 27.) 21 This Court reviews de novo those portions of the proposed findings of fact to which 22 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 23 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 24 to any portion of the proposed findings of fact to which no objection has been made, the Court 25 assumes its correctness and decides the motions on the applicable law. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 28 The Court has reviewed the applicable legal standards and, good cause appearing, 1 Dockets.Justia.com 1 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 2 Accordingly, IT IS ORDERED that: 3 4 1. The proposed Findings and Recommendations filed September 3, 2021, (ECF No. 25), are adopted; 5 2. Defendant’s motion to dismiss, (ECF No. 13), is GRANTED; 6 3. Plaintiff’s complaint is dismissed without leave to amend; and 7 4. The Clerk of Court is directed to close the case. 8 DATE: November 29, 2021 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.