(PS) Engel v. Cantil-Sakauye ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA ex rel. No. 2:20-cv-0893-JAM-JDP (PS) JULIUS M. ENGEL, 12 Plaintiff, 13 ORDER v. 14 TANI CANTIL-SAKAUYE, 15 Defendant. 16 17 On August 16, 2021, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. No objections were filed. 20 The court presumes that any findings of fact are correct. See Orand v. United States, 602 21 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 22 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 23 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 24 Having reviewed the file, the court finds the findings and recommendations to be supported by 25 the record and by the proper analysis. 26 \\\ 27 \\\ 28 \\\ 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed August 16, 2021, are ADOPTED; 3 2. Defendant’s motion to dismiss, ECF No. 12, is granted; 4 3. Plaintiff’s amended complaint, ECF No. 9, is dismissed with prejudice; and 5 4. The Clerk of Court is directed to close the case. 6 7 Dated: September 23, 2021 /s/ John A. Mendez 8 THE HONORABLE JOHN A. MENDEZ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28