(PS) Nieto v. Caliber Home Loans, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE NIETO, Jr., No. 2:20-cv-00422-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 CALIBER HOME LOANS, INC. et al., 15 Defendants. 16 17 On August 23, 2022, 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. (ECF No. 55.) No objections were 20 filed. 21 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 22 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 23 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 24 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 25 Having reviewed the file, the Court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed August 23, 2022 CECF No. 55) are 3 | ADOPTED in full; 4 2. This case is REMANDED sua sponte to the Superior Court of the State of California 5 | for the County of San Joaquin; 6 3. Defendants’ Motion for Judgment on the Pleadings (ECF No. 46) is DENIED as moot; 7 | and 8 4. The Clerk of Court is directed to close this case. 9 | DATED: September 21, 2022 7 /) 10 “ ; / of HAA 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28