(PS) Tautau v. IHSS - Kern County ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TWYLLA TAUTAU, No. 2:19-cv-600-KJM-EFB PS 12 Plaintiff, 13 v. ORDER 14 KERN COUNTY I.H.S.S., RIVERSIDE COUNTY I.H.S.S., CALIFORNIA 15 DEPARTMENT OF CORRECTIONS, BAKERSFIELD POLICE 16 DEPARTMENT, KERN COUNTY SHERIFF’S DEPARTMENT, F.B.I., 17 Defendants. 18 19 20 On September 9, 2020, the magistrate judge filed findings and recommendations, which 21 were served on the parties and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. No objections were filed. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 25 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 26 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis 1 Accordingly, IT IS ORDERED that: 2 1. The Findings and Recommendations filed September 9, 2020, are ADOPTED; and 3 2. This action is DISMISSED without prejudice for failure to state a claim as set forth in 4 the August 6, 2020 order (ECF No. 3). 5 DATED: September 30, 2020. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28