Palomares v. City of Arvin ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL PALOMARES, by and through his Case No. 1:21-cv-01745-JLT-CDB Guardian Ad Litem VIOLETA NEGRETE 12 GARCIA, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND APPROVING 13 Plaintiff, PLAINTIFF’S PETITION FOR COMPROMISE OF INCOMPETENT PERSON’S CLAIMS 14 v. (Doc. 49) 15 CITY OF ARVIN, et al.. 16 Defendants. 17 18 Pending before the Court is Plaintiff’s second petition for approval of an incompetent person’s 19 claims by Manuel Palomares (“Palomares”) by and through his niece and guardian ad litem, Violeta 20 Negrete Garcia. (Doc. 47).1 21 The assigned Magistrate Judge issued findings and recommendations to approve Plaintiff’s 22 proposed settlement of Palomares’ damage claims pursuant to Fed. R. Civ. P. 17 and Local Rule 202. 23 (Doc. 49). The Court served the findings and recommendations and gave the parties 14 days to file 24 objections thereto. (Id. at 6). As of the date of this order, more than 14 days have passed, and no 25 objections have been filed. The findings and recommendations advised the parties that “failure to file 26 27 28 1 This matter was referred to the assigned Magistrate Judge (see Doc. 8 pp. 1-2) pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 1 || objections within the specified time may result in the waiver of nights on appeal.” (/d.) (citing 2 || Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)). 3 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this cas 4 || Having carefully reviewed the entire file, the Court concludes that the findings and recommendations 5 || are supported by the record and by proper analysis. Thus, the Court ORDERS: 6 1. The findings and recommendations issued on December 4, 2023 (Doc. 49), are ADOPTED 7 FULL; 8 2. The motion for approval of incompetent person’s compromise filed on October 13, 2023, 9 || (Doc. 47), is GRANTED; and 10 3. The parties are ordered to file a stipulation for dismissal of the action with prejudice, and 11 || lodge a separate order, no later than 30 days after the issuance of this order. 12 13 || IT IS SO ORDERED. 1411 Dated: _ December 21, 2023 Cerin | Tower 15 TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28