(PS) Stiles v. Safeco Insurance et al, No. 2:2020cv01731 - Document 22 (E.D. Cal. 2021)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/13/21; ADOPTING 21 Findings and Recommendations in full GRANTING 11 Motion to Dismiss; DISMISSING Plaintiff's negligence claim and intentional tort claims with prejudice; DISMISSING Plaintiff's breach of contract, bad faith, and defamation claims with 30 days leave to amend; REFERRING matter back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)

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(PS) Stiles v. Safeco Insurance et al Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHARIDAN STILES, 12 Plaintiff, 13 14 No. 2:20-CV-1731-KJM-DMC v. ORDER SAFECO INSURANCE, 15 Defendant. 16 Plaintiff, who is proceeding pro se, brings this civil action. The matter was referred to a 17 18 United States Magistrate Judge as provided by Eastern District of California local rules. 19 On September 9, 2021, the Magistrate Judge filed findings and recommendations, which 20 were served on the parties and which contained notice that the parties may file objections within 21 the time specified therein. No objections to the findings and recommendations have been filed. 22 The court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 25 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 26 Having reviewed the file, the court finds the findings and recommendations to be supported by 27 the record and by the proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 9, 2021, are adopted in full; 3 2. Defendant’s motion to dismiss, ECF No. 11, is granted; 4 3. Plaintiff’s negligence claim and intentional tort claims are dismissed with prejudice; 5 4. Plaintiff’s breach of contract, bad faith, and defamation claims are dismissed with 6 leave to amend; 7 8 9 5. Plaintiff shall file a first amended complaint within 30 days of the date of this order; and 6. This matter is referred back to the assigned magistrate judge for all further pretrial 10 proceedings. 11 DATED: December 13, 2021. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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