(PS) Expose v. Speiller ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LINDA ROSE EXPOSE, No. 2:21-cv-01035-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 JUDGE STACY SPEILLER, et al., 15 Defendants. 16 17 Plaintiff proceeds in this civil action pro se. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On June 25, 2021 the magistrate judge filed findings and recommendations (ECF No. 3), 20 which were served on Plaintiff and which contained notice that any objections to the findings and 21 recommendations were to be filed within fourteen (14) days. On July 8, 2021, Plaintiff filed 22 objections to the findings and recommendations (ECF Nos. 4, 5), which have been considered by 23 the Court. 24 This Court reviews de novo those portions of the proposed findings of fact to which an 25 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 26 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 27 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 28 has been made, the Court assumes its correctness and decides the matter on the applicable law. 1 | See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 2 || conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 3 | 452, 454 (Oth Cir. 1983). 4 The Court has reviewed the applicable legal standards and, good cause appearing, 5 | concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 6 | IT IS HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 3) are ADOPTED IN FULL; 8 2. Plaintiff's APA claim is DISMISSED WITH PREJUDICE, and Plaintiff is otherwise 9 DENIED leave to amend; 10 3. Plaintiff is warned against continuously filing frivolous claims in this Court, and her 11 failure to heed this warning may result in the issuance of a pre-filing order restricting 12 her ability to initiate proceedings in the Eastern District of California; and 13 4. The Clerk of Court is directed to CLOSE this case. 14 | DATED: July 30, 2021 15 r> /) 16 “ 3 / of W 18 United States District Judge 19 20 21 22 23 24 25 26 27 28