(PS) Chiu v. President of U.S. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAIFUSIN CHIU, No. 2:23-cv-00097-DJC-JDP PS 12 Plaintiff, 13 v. ORDER 14 THE PRESIDENT OF U.S., et al., 15 Defendants. 16 17 On April 6, 2023, the Magistrate Judge filed Findings and Recommendations 18 herein which were served on the parties and which contained notice that any 19 objections to the Findings and Recommendations were to be filed within fourteen 20 days. (ECF No. 6.) Plaintiff has not filed objections. 21 The Court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 23 are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 24 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 25 district court and [the appellate] court . . . .”). 26 Having reviewed the file, the Court finds the Findings and Recommendations to 27 be supported by the record and by the proper analysis. Following the April 6, 2023 28 Findings and Recommendation being issued, Plaintiff filed an unauthorized amended 1 | complaint (ECF No. 7) and an in forma pauperis application (ECF No. 8). The in forma 2 || pauperis application is moot as Plaintiff was already granted leave to proceed in forma 3 || pauperis. (See ECF No. 6.) 4 Plaintiff's First Amended Complaint also does not resolve the issues raised in 5 || the Findings and Recommendations. (See ECF Nos. 6, 7.) The Magistrate Judge 6 || recommended dismissal as the original complaint “contain[ed] no allegations 7 || concerning an identifiable incident.” (ECF No. 6 at 2.) The First Amended Complaint 8 | similarly contains no allegations simply stating “behavior of violence, stop the 9 | violence” three times with no additional information or allegations. (ECF No. 7 at 3-5.) 10 | As this amended complaint does nothing to resolve the issues identified in the April 2, 11 | 2023 Findings and Recommendations, they will be adopted and both the original 12 | complaint and the First Amended Complaint will be dismissed without leave to 13 | amend. 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. The proposed Findings and Recommendations filed April 6, 2023, are 16 ADOPTED in full; 17 2. Plaintiff's complaint (ECF No. 1) and First Amended Complaint (ECF No. 7) 18 are DISMISSED without leave to amend; 19 3. Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 8) is DENIED as 20 moot; and 21 4. The Clerk of Court is directed to close this matter. 22 53 IT |S SO ORDERED. 4 | Dated: _May 30, 2023 _ Beek |) obbeatie Hon. Daniel labretta 25 UNITED STATES DISTRICT JUDGE 26 27 28 | DJC1 - chiu23cv00097.jo_dism