(PS) Murphy v. AFSCME Union Local 257 ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON O. MURPHY, Sr., Case No. 2:23-cv-01627-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 AFSCME UNION LOCAL 257, 15 Defendants. 16 17 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 18 636(b)(1)(B) and Local Rule 302. On January 24, 2024, the magistrate judge filed findings and 19 recommendations herein which were served on the parties, and which contained notice that any 20 objections to the findings and recommendations were to be filed within fourteen days. The time 21 to file objections has passed, and no objections were filed. 22 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 25 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 supported by 27 the record and by the proper analysis. 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed January 24, 2024 (ECF No. 3) 3 are ADOPTED IN FULL; 4 2. Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 2) is GRANTED; 5 3. Plaintiff's Complaint (ECF No. 1) is DISMISSED without leave to amend; and 6 4. The Clerk of Court is directed to close this case. 7 | Date: February 19, 2024 10 Troy L. Nuhlep ] ul United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28