(PS) Dewey v. Regents of University of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELIKE DEWEY, No. 2:18-cv-3235-MCE-EFB PS 12 Plaintiff, 13 v. ORDER 14 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al., 15 Defendants. 16 17 18 On September 24, 2020, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. ECF No. 8. Plaintiff filed objections 21 on October 23, 2020, and they were considered by the undersigned. ECF No. 9. 22 This Court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the Court 26 assumes its correctness and decides the motions on the applicable law. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 The Court has reviewed the applicable legal standards and, good cause appearing, 2 | concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The proposed Findings and Recommendations filed September 24, 2020 (ECF No. 8), 5 are ADOPTED in full; 6 2. Plaintiffs first amended complaint (ECF No. 7) is DISMISSED without leave to 7 amend; and 8 3. The Clerk of the Court is directed to close the case. 9 IT IS SO ORDERED. 10 11 || Dated: November 5, 2020 Matar LEK: hu rfl ASX, Xe: 8 SENIOR UNITED STATES URTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28