(PS) Strojnik v. Capitol Regency, LLC ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER STROJNIK, SR., No. 2:19-cv-01587-MCE-KJN PS 12 Plaintiff, 13 v. ORDER 14 CAPITOL REGENCY, LLC, et al., 15 Defendants. 16 17 On April 30, 2021, the magistrate judge filed findings and recommendations (ECF 18 No. 47), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 21 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). 24 /// 25 /// 26 /// 27 /// 28 /// 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. Accordingly, 3 | HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 47) are ADOPTED IN FULL; 5 2. Defendant Hyatt Corporation’s motion to require plaintiff to post a bond (ECF No. 40) is 6 DENIED; 7 3. Defendants’ motion to declare plaintiff a vexatious litigant (ECF No. 41) is DENIED; 8 4. Defendants’ motion to dismiss (ECF No. 38) is GRANTED; 9 5. This action is DISMISSED without leave to amend and without prejudice, for lack of 10 federal subject-matter jurisdiction; and 11 6. The Clerk of the Court is directed to close this case. 12 IT IS SO ORDERED. 13 | Dated: June 4, 2021 Mates LEK rl AS SENIOR UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28