(PS) Lewis v. Venmo ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK JEROME LEWIS, No. 2:22-cv-00856 KJM CKD (PS) 12 Plaintiff, 13 v. ORDER 14 VENMO, et al., 15 Defendants. 16 17 Plaintiff is proceeding in this action pro se. The matter was referred to a United States 18 Magistrate Judge as provided by Local Rule 302(c). 19 On July 6, 2022, the magistrate judge filed findings and recommendations, which 20 contained notice to plaintiff that any objections to the findings and recommendations were to be 21 filed within fourteen days. Plaintiff was re-served with the findings and recommendations at his 22 new address on January 25, 2023. Plaintiff has not filed objections. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 25 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 26 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued July 6, 2022 are adopted in full; 3 2. This action is dismissed without prejudice; and 4 3. The Clerk of Court is directed to close this case. 5 || DATED: March 20, 2023. 6 7 ( ti / ¢ q_/ CHIEF NT] ED STATES DISTRICT JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28