(PS) Chiu v. President of US ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAIFUSIN CHIU, Case No. 2:23-cv-00835-DJC-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 PRESIDENT OF THE UNITED STATES, 15 Defendants. 16 17 Plaintiff is proceeding in this action in pro per. The matter was referred to a 18 United States Magistrate Judge pursuant to Local Rule 302(c)(21). On December 6, 19 2023, the Magistrate Judge filed findings and recommendations herein which were 20 served on Plaintiff, and which contained notice that any objections to the findings and 21 recommendations were to be filed within fourteen days. No objections were filed. 22 The Court presumes that any findings of fact are correct. See Orand v. United 23 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 24 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 25 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 26 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 27 the findings and recommendations to be supported by the record and by the proper 28 analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed December 6, 2023, are 3 | ADOPTED; 4 2. Plaintiff's first amended complaint, ECF No. 3, is dismissed without leave to 5 || amend; and 6 3. The Clerk of Court is directed to close this case. 7 8 IT IS SO ORDERED. 9 | Dated: _ January 12, 2024 “Dane A Ch brett Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28