(PS)Howell v. PNC Bank ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC S. HOWELL; GENEVIEVE F. No. 2:18-cv-03113-TLN-DB HOWELL, 12 13 Plaintiffs, ORDER 14 v. 15 PNC BANK; AND, DOES 1 THROUGH 5 INCLUSIVE, 16 17 Defendants. 18 19 Plaintiffs Eric S. Howell and Genevieve F. Howell are proceeding pro se in the above- 20 entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local 21 Rule 302(c)(21). 22 On September 18, 2019, the magistrate judge filed findings and recommendations herein 23 which were served on all parties and which contained notice that any objections to the findings 24 and recommendations were to be filed within fourteen (14) days after service of the findings and 25 recommendations. (ECF No. 17.) The time for filing objections has expired, and no party has 26 filed objections to the findings and recommendations. 27 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 28 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 reviewed de novo; see also 28 U.S.C. § 636(b)(1). See Britt v. Simi Valley Unified School Dist., 2 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file under the applicable legal standards, 3 the Court finds the Findings and Recommendations to be supported by the record and by the 4 magistrate judge’s analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations, filed September 18, 2019 (ECF No. 17), are 7 adopted in full; and 8 2. This action is DISMISSED without prejudice. Local Rule 110; Fed. R. Civ. P. 41(b). 9 IT IS SO ORDERED. 10 Dated: October 29, 2019 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28