(PS) Ferreira da Silva v. Ross ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDRA FERREIRA da SILVA, No. 2:21-cv-1208-KJM-CKD PS 12 Plaintiff, 13 v. ORDER 14 MARY MARKEY, et al., 15 Defendants. 16 17 This matter was referred to a United States Magistrate Judge as provided by Local 18 Rule 302(c)(19). On November 17, 2022, the magistrate judge filed findings and 19 recommendations, which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. No party has filed objections to the 21 findings and recommendations. 22 The court presumes that any findings of fact are correct. See Orand v. United States, 23 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 24 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 25 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 26 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 27 supported by the record and by the proper analysis. 28 ///// ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations filed November 17, 2022 (ECF No. 45), are 3 adopted. 4 2. Defendant’s motion to dismiss (ECF No. 32) is denied. 5 3. This case is referred back to the assigned magistrate judge for further pretrial 6 proceedings. 7 | DATED: January 17, 2023. 8 9 l eae Murl ¢ Q_/ 10 CHIEF NT] ED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28