(PS) Tobey v. Schmitt ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN TOBEY, et al., No. 2:20-cv-00477-JAM-KJN 12 Plaintiffs, ORDER 13 v. 14 RICK SCHMITT, et al., 15 Defendants. 16 17 On July 24, 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. No objections were filed. 20 Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 21 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 The court has reviewed the applicable legal standards and, good cause appearing, 25 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 26 //// 27 //// 28 //// 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed July 24, 2020, are ADOPTED. 3 2. Plaintiffs’ claims are DISMISSED pursuant to Federal Rule of Civil Procedure 41(b). 4 3. The Clerk of Court is directed to close this case. 5 DATED: September 28, 2020 /s/ John A. Mendez 6 HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28