(PS) Wu v. Pesce

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ICHI WU, Case No. 2:25-cv-0760-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 JAMIE PESCE, et al., 15 Defendants. 16 17 Plaintiff proceeds in this civil action without counsel. Accordingly, the matter was 18 referred to a United States Magistrate Judge pursuant to Local Rule 302. 19 On March 13, 2025, the magistrate judge filed findings and recommendations herein 20 which were served on the parties and which contained notice that any objections to the findings 21 and recommendations were to be filed within fourteen days. Plaintiff filed objections, and they 22 were considered by the undersigned. 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. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed March 13, 2025, are ADOPTED 3 | IN FULL; 4 2. Plaintiff's Complaint (ECF No. 1) is DISMISSED without leave to amend for lack of 5 | subject matter jurisdiction and failure to state a claim; and 6 3. The Clerk of Court is directed to close the case. 7 | Date: April 17, 2025 8 9 Lu Wy TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28