(PS) Moreno v. Austin ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY MORENO, No. 2:22–cv–01719–KJM–KJN PS 12 Plaintiff, ORDER 13 v. 14 LLOYD J. AUSTIN, III, Secretary, U.S. Department of Defense 15 Defendant. 16 17 On May 3, 2023 the magistrate judge filed findings and recommendations (ECF No. 16), 18 which were served on the parties and contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen (14) days. No objections were filed. 20 The court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 21 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See 22 Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 23 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 24 Having reviewed the file, the court finds the findings and recommendations to be supported by 25 the record and by the proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The findings and recommendations (ECF No. 16) are ADOPTED IN FULL; 28 ///// ] 2. Plaintiff's claims are DISMISSED WITH PREJUDICE as provided by Federal Rule of 2 Civil Procedure 41(b); and 3 3. The Clerk of Court is directed to CLOSE this case. 4 | DATED: July 10, 2023. 4 CHIEF ED STATES DISTRICT JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28