(PS) Rogers v. Bonta ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIM EDWARD ROGERS, No. 2:22-cv-01157-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 ROB BONTA, et al., 15 Defendants. 16 17 18 On December 19, 2022, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. (ECF No. 17.) No objections were 21 filed. 22 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 25 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 26 Having reviewed the file, the Court finds the findings and recommendations to be supported by 27 the record and by the proper analysis. 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed December 19, 2022, (ECF No. 17) 3 | are adopted; 4 2. Defendant’s Motion to Dismiss, (ECF No. 10), is GRANTED, and Plaintiffs claims 5 | against Jones are DISMISSED with leave to amend; 6 3. Plaintiff is granted thirty days from the date of this order to file a second amended 7 | complaint; 8 4. Plaintiffs Motion for Injunctive Relief, (ECF No. 12), is DENIED; and 9 5. Plaintiff's Motion for Summary Judgment, (ECF No. 18), is DENIED as premature. 10 | DATE: February 9, 2023 /) Swat Tooke 4 Troy L. Nunley” . } United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28