(PS) Selck v. VOA (Volunteers of America) ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORREY SELCK, No. 2:21–cv–1500–MCE–KJN PS 12 Plaintiff, ORDER 13 v. (ECF No. 5) 14 VOLUNTEERS OF AMERICA, et al., 15 Defendants. 16 17 On January 18, 2022, the magistrate judge filed findings and recommendations (ECF 18 No. 5), which were served on plaintiff and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. On January 31, 2022, 20 plaintiff filed objections to the findings and recommendations (ECF No. 6), which have been 21 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); see also Dawson v. Marshall, 561 F.3d 25 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 26 has been made, the Court assumes its correctness and decides the matter on the applicable law. 27 See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 28 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 1 | 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 findings and recommendations in full. Accordingly, 4 | ITIS HEREBY ORDERED that: 5 1. The findings and recommendations (ECF No. 5) are ADOPTED IN FULL; 6 2. This action is DISMISSED for failure to state a claim, under 28 U.S.C. § 1915(e)(2); and 7 3. The Clerk of Court is directed to CLOSE this case. 8 9 | ITIS SO ORDERED. 10 11 | Dated: February 8, 2022 : Mater LEK rlASX 8 SENIOR UNITED STATES URTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28