(PS)Ortiz v. Kwok ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RENE ORTIZ, No. 2:19-cv-02090-TLN-DB 12 Plaintiff, 13 v. ORDER 14 MICHELE KWOK, 15 Defendant. 16 17 Plaintiff Rene Ortiz (“Plaintiff”), who is proceeding pro se, brings this civil action. The 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 On August 11, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice that any objections to the findings 22 and recommendations were to be filed within thirty (30) days after service of the findings and 23 recommendations. (ECF No. 14.) No objections to the findings and recommendations have been 24 filed. 25 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 26 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 28 1983); see also 28 U.S.C. § 636(b)(1). 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed August 11, 2020 (ECF No. 14), are adopted 5 in full; 6 2. Defendant’s Motion to Dismiss (ECF No. 7) is GRANTED; 7 3. The Complaint is DISMISSED without prejudice for lack of subject matter 8 jurisdiction; and 9 4. The Clerk of the Court is directed to close this case. 10 IT IS SO ORDERED. 11 DATED: October 6, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28