IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 29, 2009
LARRY DOWNING, PLAINTIFF,
ROBERT WANCHEK, CORNING TRUCK WASH, DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District Judge
On January 30, 2009, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed.
Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).
The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.
Accordingly, IT IS ORDERED that:
1. The proposed Findings and Recommendations filed January 30, 2009, are ADOPTED;
2. Defendants' motion to set aside default, Dckt. No. 31, is granted; and,
3. Plaintiff's motion for default judgment, Dckt. No. 27, is denied.
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