(PS) Sheetmetal & Assoc. v. Federal Express Corp. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHEETMETAL & ASSOCIATES, No. 2:19-cv-02154-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 FEDERAL EXPRESS CORPORATION, 15 Defendant. 16 17 Plaintiff Sheetmetal & Associates (“Plaintiff”), who is proceeding pro se, brings this civil 18 action. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 On September 1, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on the parties and which contained notice that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 27.) No objections to the 23 findings and recommendations have been filed. 24 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 27 1983); see also 28 U.S.C. § 636(b)(1). 28 /// 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 proposed Findings and Recommendations filed September 1, 2020 (ECF No. 27), 5 are adopted in full; 6 2. Defendant’s Motion to Dismiss is GRANTED with leave to amend (ECF No. 6); and 7 3. Plaintiff’s filings construed as a motion to amend (ECF Nos. 14–15) is DENIED. 8 Plaintiff may file an amended complaint not later than thirty (30) days from the date of electronic 9 filing of this Order. 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