(PS) Bergum v. Sacramento County DHHS ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KRISTY BERGUM, No. 2:19-cv-00058-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO COUNTY DHHS CHILD PROTECTIVE SERVICES; 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA; PARENT ADVOCATES 16 OF SACRAMENTO, 17 Defendants. 18 19 Plaintiff Kristy Bergum (“Plaintiff”), who is proceeding pro se, has filed this civil rights 20 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On September 22, 2020, the magistrate judge filed findings and recommendations herein 23 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 24 findings and recommendations were to be filed within fourteen (14) days. (ECF No. 8.) No 25 objections to the findings and recommendations have been filed. 26 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 1 U.S.C. § 636(b)(1). Having reviewed the file under the applicable legal standards, the Court finds 2 the Findings and Recommendations to be supported by the record and by the magistrate judge’s 3 analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations filed September 22, 2020 (ECF No. 8), are 6 adopted in full; 7 2. Plaintiff’s First Amended Complaint (ECF No. 7) is DISMISSED without leave to 8 amend for failure to state a claim; and 9 3. The Clerk of the Court is directed to close this case. 10 IT IS SO ORDERED. 11 DATED: October 21, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28