(PS) Bey v. Saucedo ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NOBLE GERONIMO MUSA BEY, No. 2:19-cv-2113-TLN-DB 12 Plaintiff, 13 v. ORDER 14 JESSE SAUCEDO, et al., 15 Defendants. 16 17 Plaintiff Noble Geronimo Musa Bey (“Plaintiff”) is proceeding pro se in the above- 18 entitled action. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 2, 2020, the magistrate judge filed findings and recommendations which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within thirty days. (ECF No. 3.) Plaintiff has filed 23 objections to the Findings and Recommendations. (ECF No. 4.) 24 This Court reviews de novo those portions of the proposed findings of fact to which 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 27 to any portion of the proposed findings of fact to which no objection has been made, the Court 28 assumes its correctness and decides the motions on the applicable law. See Orand v. United 1 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 2 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 Having carefully reviewed the entire file under the applicable legal standards, the Court finds the 4 Findings and Recommendations to be supported by the record and by the magistrate judge’s 5 analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendations filed April 2, 2020 (ECF No. 3) are adopted in 8 full; 9 2. Plaintiff’s October 18, 2019 application to proceed in forma pauperis (ECF No. 2) is 10 DENIED; 11 3. Plaintiff’s October 18, 2019 Complaint (ECF No. 1) is DISMISSED without leave to 12 amend; and 13 4. The Clerk of the Court is Directed to close this case. 14 IT IS SO ORDERED. 15 DATED: July 6, 2020 16 17 18 19 20 21 22 23 24 25 26 27 28