(PS) Ferreira da Silva v. Ross ( 2022 )

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 JONATHAN KEVIN ROSS, et al., 15 Defendants. 16 17 This matter was referred to a United States Magistrate Judge under Local Rule 302(c)(21). 18 On October 28, 2021, the magistrate judge filed findings and recommendations, which contained 19 notice that any objections to the findings and recommendations were to be filed within fourteen 20 days. (ECF No. 13.) Plaintiff was subsequently granted an extension of time up to and including 21 December 17, 2021, to file objections to the October 28, 2021 findings and recommendations. 22 (ECF No. 21.) Plaintiff has not filed objections to the findings and recommendations. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 602 24 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 25 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 26 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 27 Having reviewed the file, the court finds the findings and recommendations to be supported by 28 the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations filed October 28, 2021 (ECF No. 13) are adopted 3 in full. 4 2. Plaintiff’s claims against Jonathan Kevin Ross, Department of Homeland Security, 5 Immigrations and Customs Enforcement, and Yuba County Sheriff’s Department are 6 DISMISSED, and these defendants are dismissed from the case. 7 3. Plaintiffs motion to stay off removal procedure (ECF No. 3) is DENIED. 8 4. This matter is referred back to the assigned magistrate judge for all further pretrial 9 proceedings. 10 | DATED: July 11, 2022. 1] 12 ee B CHIEF ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28