(PS) Davis v. Dept. of VA - Veteran Benefits Administration ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON DAVIS JR., No. 2:19-cv-01330-JAM-KJN PS 12 Plaintiff, ORDER 13 v. (ECF No. 6, 11, 12) 14 DEPARTMENT OF VETERANS AFFAIRS—VETERAN BENEFITS 15 ADMINISTRATION, et al. 16 Defendants. 17 18 On November 18, 2019, the magistrate judge filed findings and recommendations (ECF 19 No. 11), which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. On November 27, 21 2019 plaintiff filed objections to the findings and recommendations (ECF No. 12), which have 22 been considered by the court. 23 This court reviews de novo those portions of the proposed findings of fact to which an 24 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 25 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d 26 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection 27 has been made, the court assumes its correctness and decides the matter on the applicable law. 28 See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s 1 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 2 452, 454 (9th Cir. 1983). 3 The court has reviewed the applicable legal standards and, good cause appearing, 4 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 5 IT IS HEREBY ORDERED that: 6 1. The findings and recommendations (ECF No. 11) are ADOPTED; 7 2. Defendant’s motion to dismiss (ECF No. 6) is GRANTED; 8 3. Plaintiff’s Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE; and 9 4. The Clerk of the Court is ordered to CLOSE this case. 10 11 DATED: December 6, 2019 12 /s/ John A. Mendez____________ _____ 13 UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28