(PS) Davis v. El Hogar Mental Health & Comm Services ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARON DREVON DAVIS, No. 2:23–cv–1530–DJC–KJN PS 12 Plaintiff, ORDER 13 v. (ECF No. 9, 11.) 14 EL HOGAR MENTAL HEALTH & COMMUNITY SERVICES, 15 Defendant. 16 17 On September 27, 2023, the Magistrate Judge filed findings and 18 recommendations (ECF No. 11), which were served on the parties, and which 19 contained notice that any objections to the findings and recommendations were to be 20 filed within fourteen (14) days. On September 29, 2023, Plaintiff filed objections to 21 the findings and recommendations (ECF No. 12), which have been considered by the 22 Court. 23 This Court reviews de novo those portions of the proposed findings of fact to 24 which an objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. 25 v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also 26 Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the 27 proposed findings of fact to which no objection has been made, the court assumes its 28 correctness and decides the matter on the applicable law. See Orand v. United States, 1 | 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge's conclusions of law are 2 | reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th 3 | Cir. 1983). 4 The Court has reviewed the applicable legal standards and, good cause 5 | appearing, concludes that it is appropriate to adopt the findings and 6 || recommendations in full. Accordingly, IT |S HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 11) are ADOPTED IN FULL; 8 2. Plaintiff's motion for a temporary restraining order (ECF No. 9) is DENIED; 9 3. This action is DISMISSED WITH PREJUDICE; and 10 4. The Clerk of the Court is directed to CLOSE this case. 11 IT IS SO ORDERED. 8 Dated: _ November 1, 2023 Dan? Cob □□□ □□□ 14 Hon. Daniel labretta 45 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28