(PS) Emerson v. Mitchell ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KATHLEEN EMERSON; DANIEL No. 2:19-cv-1528-KJM-EFB PS ENOS, 12 Plaintiffs, 13 ORDER v. 14 FREDERICK MITCHELL, 15 Defendant. 16 17 18 On September 23, 2020, the magistrate judge filed findings and recommendations, which 19 were served on the parties and which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. No objections were filed. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Accordingly, IT IS ORDERED that: 2 1. The Findings and Recommendations filed September 23, 2020, are ADOPTED; and 3 2. The above-captioned case is REMANDED to the Superior Court of the State of 4 California in and for the County of Yolo. 5 DATED: October 28, 2020. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28