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Sabetta v. National Railroad Passenger Corp.

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


June 28, 2010

ANNE SABETTA, ET AL. PLAINTIFFS,
v.
THE NATIONAL RAILROAD PASSENGER CORP., DBA AMTRAK, ET AL., DEFENDANTS.

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

ORDER

On April 22, 2010, 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. On May 11, 2010, an extension of time was granted to June 10, 2010 in which to file objections. Plaintiff Karl Wichelman has filed objections.*fn1

Mail addressed to plaintiff Bridgette Walker was returned to the court.*fn2

The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). 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). Plaintiff Wichelman's expression of disappointment in the court's denial of his request for counsel is factually and legally unsupported and the court finds no grounds for overturning the findings and recommendations of the magistrate judge on this point.*fn3

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 April 22, 2010, are ADOPTED;

2. Plaintiffs' claims for relief under 18 U.S.C. §§ 245(b) and 245(e) are dismissed with prejudice; and

3. Plaintiffs Wichelman and Walker are dismissed from this action with prejudice.*fn4


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