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Pfennig v. City of Redding

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 15, 2010

MATTHEW PFENNIG, ET AL., PLAINTIFFS,
v.
CITY OF REDDING, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Judge

ORDER

On December 3, 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 fourteen days. No objections were filed.*fn1

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 December 3, 2009, are ADOPTED;

2. Defendants' motion for sanctions, Dckt. No. 21, is granted; and

3. The claims of plaintiffs Robert Beaulieu, Jr. and Alicia Dumlao and the minor children Robert Beaulieu III and Joseph Beaulieu by and through their guardians ad litem Robert Beaulieu Jr. and Alicia Dumlao are dismissed without prejudice.


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