(PS) Caldwell v. Barr ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEAH CALDWELL, No. 2:19-cv-01357-TLN-AC 12 Plaintiff, 13 v. ORDER 14 WILLIAM BARR, et al., 15 Defendants. 16 17 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a 18 United States Magistrate Judge pursuant to Local Rule 302(c)(21). 19 On August 26, 2019, the magistrate judge filed findings and recommendations herein 20 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 21 findings and recommendations were to be filed within twenty-one days. (ECF No. 6.) On August 22 7, 2019, Plaintiff filed a Motion to Disqualify Magistrate Judge and District Judge and Set Aside 23 Order and Findings and Recommendations (ECF No. 7), which is construed as Objections to the 24 Findings and Recommendations. 25 This Court reviews de novo those portions of the proposed findings of fact to which 26 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 27 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 28 to any portion of the proposed findings of fact to which no objection has been made, the Court 1 assumes its correctness and decides the motions on the applicable law. See Orand v. United 2 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 3 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 Having carefully reviewed the entire file, the Court finds the findings and recommendations to be 5 supported by the record and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations, filed August 26, 20109 (ECF No. 6), are adopted 8 in full; and 9 2. All claims against all Defendants are DISMISSED with prejudice, 28 U.S.C. § 10 1915(e)(2); see Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987); and 11 3. The Clerk of the Court is directed to close this file. 12 IT IS SO ORDERED. 13 Dated: October 2, 2019 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28