(PS) Whitsitt v. Anna ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. WHITSITT, No. 2:20-cv-01484-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 STATE OF CALIFORNIA EDD UNEMPLOYMENT INSURANCE, et al., 15 Defendants. 16 17 18 Plaintiff William J. Whitsitt (“Plaintiff”), proceeding pro se, brings this civil action 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 22, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice that any objections to the findings and 23 recommendations were to be filed within fourteen (14) days. (ECF No. 3.) The time for filing 24 objections has expired, and no objections to the findings and recommendations were filed. 25 Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 26 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). 1 The Court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the findings and recommendations in full. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed September 22, 2020 (ECF No. 3), are adopted 5 in full; 6 2. Plaintiff’s Motion to Proceed In Forma Pauperis (ECF No. 2) is GRANTED; 7 3. Plaintiff’s Complaint is DISMISSED without leave to amend; and 8 4. The Clerk of the Court is directed to close this case. 9 IT IS SO ORDERED. 10 DATED: November 2, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28