(PS) Akbar v. Ashanti Publishing Group ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MUHAMMAD JALAL DEEN AKBAR, No. 2:22-cv-02276 KJM DB PS SR., 12 13 Plaintiff, ORDER 14 v. 15 ASHANTI PUBLISHING GROUP, et al., 16 Defendants. 17 18 Plaintiff is proceeding in this action pro se. The matter was referred to a United States 19 Magistrate Judge as provided by Local Rule 302(c)(21). 20 On March 9, 2023, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days after service of the findings and 23 recommendations. Plaintiff filed late objections to the findings and recommendations. Obj., 24 ECF No. 12, which the court nevertheless has considered. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 26 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 27 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 28 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 1 | ....°). Having reviewed the file, including plaintiff's objections, the court finds the findings and 2 || recommendations to be supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED: 4 1. The findings and recommendations filed March 9, 2023 (ECF No. 11) are adopted in 5 | full; 6 2. Plaintiffs January 11, 2023 application to proceed in forma pauperis (ECF No. 5) is 7 | denied; 8 3. Plaintiff's January 17, 2023 application to proceed in forma pauperis (ECF No. 10) is 9 | denied; 10 4. The amended complaint filed on January 17, 2023, is dismissed without prejudice; and 11 5. This action is dismissed. 12 | DATED: May 16, 2023. 13 14 ee 3 CHIEF ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28