(PS) Yerike v. Majano ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEBRA YERIKE, No. 2:20-cv-2555 KJM DB PS 12 Plaintiff, 13 v. ORDER 14 VALERIE MAJANO, et al., 15 Defendant. 16 17 Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a 18 United States Magistrate Judge as provided by Local Rule 302(c)(21). 19 On May 10, 2021, the magistrate judge filed findings and recommendations, which were 20 served on all parties and which contained notice that any objections to the findings and 21 recommendations were to be filed within thirty days after service of the findings and 22 recommendations. The time for filing objections has expired, and no party has filed objections to 23 the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed May 10, 2021 (ECF No. 14) are adopted in 5 | full; 6 2. The United States is substituted as the sole defendant; 7 3. The January 6, 2021 motion to dismiss (ECF No. 3) is granted; 8 4. The complaint is dismissed without prejudice; and 9 5. The Clerk of Court is directed to close this case. 10 | DATED: September 16, 2021. 11 12 ( ti / ¢ q_/ 3 CHIEF NT] ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28