(PS) United States of America v. Torrance ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, No. 2:18-cv-1631-JAM-EFB PS 12 Petitioner, 13 v. ORDER 14 BRIAN TORRANCE, 15 Respondent. 16 17 On April 22, 2020, the magistrate judge filed findings and recommendations herein which 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Respondent filed objections on July 6, 20 2020, and petitioner filed a response to the objections on July 21, 2020. Both filings were 21 considered by the undersigned.1 22 This court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the court 26 27 1 Within his objections, respondent requests he be appointed counsel. ECF No. 44 at 16- 26. Because he has failed to demonstrate that appointing counsel is appropriate, that request is 28 denied. 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 The court has reviewed the applicable legal standards and, good cause appearing, 5 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 6 Accordingly, IT IS ORDERED that: 7 1. The proposed Findings and Recommendations filed April 22, 2020, are adopted; 8 2. Respondent’s motion to dismiss this case (ECF No. 34) is denied; and 9 3. Plaintiff’s request for appointment of counsel (ECF No. 44 at 16-26) is denied. 10 DATED: July 29, 2020 11 /s/ John A. Mendez____________ _____ 12 13 UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28