(PS) Martin v. Brown-Martin ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERICA YVONNE MARTIN, No. 2: 20-cv-2011 JAM CKD (PS) 12 Plaintiff, 13 v. ORDER 14 BRYAN MARTIN, SR., 15 Defendants. 16 17 On November 03, 2020, the magistrate judge filed findings and recommendations (ECF. 18 No. 10) herein which were served on the parties and which contained notice that any objections to 19 the findings and recommendations were to be filed within fourteen days. On November 04, 2020, 20 plaintiff filed objections to the proposed findings and recommendations (ECF. No. 11), which 21 have been considered by the court. 22 This court reviews de novo those portions of the proposed findings of fact to which an 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); see 25 also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed 26 findings of fact to which no objection has been made, the court assumes its correctness and 27 decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th 28 Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi 1 Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 2 The court has reviewed the applicable legal standards and, good cause appearing, 3 concludes that it is appropriate to adopt the proposed findings and recommendations in full. 4 Accordingly, IT IS ORDERED that: 5 1. The Proposed Findings and Recommendations filed November 03, 2020, are 6 ADOPTED; 7 2. Plaintiff’s first amended complaint (ECF No. 4) is dismissed with prejudice; 8 3. Plaintiff’s motion for temporary restraining order (ECF No. 6) is denied; 9 4. Plaintiff’s motion for permission to file electronically (ECF No. 7) is denied as moot; 10 5. Plaintiff’s motion to quash state court guardianship orders (ECF No. 9) is denied as 11 moot; and 12 6. The Clerk is directed to close this case. 13 DATED: November 10, 2020 /s/ John A. Mendez 14 THE HONORABLE JOHN A. MENDEZ 15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28