(PS) Chiu v. President of US ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAIFUSIN CHIU, No. 2:24–cv–401–DJC–KJN PS 12 Plaintiff, ORDER 13 v. (ECF No. 3.) 14 PRESIDENT OF US, et al., 15 Defendants. 16 17 On February 27, 2024, the Magistrate Judge filed findings and 18 recommendations (ECF No. 3), which were served on the parties and which contained 19 notice that any objections to the findings and recommendations were to be filed 20 within fourteen (14) days. On March 8, 2024 Plaintiff filed a “notice” that the court 21 construes as objections to the findings and recommendations (ECF No. 4), which have 22 been considered by the 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. 3) are ADOPTED IN FULL; 8 2. Plaintiff's claims are DISMISSED WITH PREJUDICE, and 9 3. The Clerk of Court is directed to CLOSE this case. 10 14 IT IS SO ORDERED. 12 | Dated: _March 29, 2024 “Dane A Ch brett Hon. Daniel alabretta 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28