(PS) Barroga v. Board of Administration, Cal PERS ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUCIO A. BARROGA, No. 2:19-cv-921-MCE-KJN PS 12 Plaintiff, ORDER 13 v. (ECF No. 29) 14 BOARD OF ADMINISTRATION, CAL.PUBLIC EMPLOYEES’ 15 RETIREMENT SYSTEM, 16 Defendant. 17 18 On September 9, 2019 the magistrate judge filed findings and recommendations (ECF No. 19 29), which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. On September 23, 21 2019, plaintiff filed objections to the findings and recommendations (ECF No. 31), which have 22 been considered by the court. 23 This Court reviews de novo those portions of the proposed findings of fact to which an 24 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 25 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 26 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 27 has been made, the court assumes its correctness and decides the matter on the applicable law. 28 See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 1 || conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 2 || 452, 454 (9th Cir. 1983). 3 The Court has reviewed the applicable legal standards and, good cause appearing, 4 | concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 5 | ITIS HEREBY ORDERED that: 6 1. The findings and recommendations (ECF No. 29) are ADOPTED in full; 7 2. Defendant’s Motion to Dismiss (ECF No. 20) is GRANTED; 8 3. Defendant’s Motion to Declare Plaintiff Vexatious (ECF No. 21) is GRANTED in part 9 and DENIED in part; 10 4. Plaintiff is hereby DECLARED a vexatious litigant; and 11 5. The Court ISSUES a pre-filing order as described in Section II.D. of the Magistrate 12 Judge’s findings and recommendations; and 13 6. The Clerk of the Court is directed to CLOSE this case. 14 IT IS SO ORDERED. 15 | Dated: September 30, 2019 16 fi CK, I 3 NGLANG. IR ) " UNITED STATES DISTRICT TOS0e 18 19 20 21 22 23 24 25 26 27 28