(PS) Chiu v. Extra Space Storage ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAIFUSIN CHIU, No. 2:23-cv-0099 KJM AC PS 12 Plaintiff, 13 v. ORDER 14 EXTRA SPACE STORAGE, 15 Defendant. 16 17 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a 18 United States Magistrate Judge as provided by Local Rule 302(c)(21). 19 On January 23, 2023, the magistrate judge filed findings and recommendations, which 20 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 21 and recommendations were to be filed within 21 days. ECF No. 3. Plaintiff has not filed 22 objections to the findings and recommendations, though he did file a second motion to proceed in 23 forma pauperis (ECF No. 4). 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. The court dismisses the case without leave to 3 || amend, but also without prejudice to refiling in an appropriate forum or with the support of 4 || cogent factual allegations. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed January 23, 2023, are adopted in part as 7 || described above; and 8 2. All claims against all defendants are DISMISSED without prejudice. 9 | DATED: March 31, 2023. 10 1 ee CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28