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United States v. Torrance

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 5, 2020
No. 2:18-cv-1631-JAM-EFB PS (E.D. Cal. May. 5, 2020)

Opinion

No. 2:18-cv-1631-JAM-EFB PS

05-05-2020

UNITED STATES OF AMERICA, Petitioner, v. BRIAN E. TORRANCE, Respondent.


ORDER

On February 4, 2020, 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. Respondent filed objections on February 18, 2020 and petitioner filed a response thereto on March 2, 2020. Both filings were considered by the undersigned.

This court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the court assumes its correctness and decides the motions on the applicable law. 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 Sch. 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 February 2, 2020, are adopted; and

2. Respondent's motion to dismiss (ECF No. 24) is denied. DATED: May 5, 2020

/s/ John A. Mendez

UNITED STATES DISTRICT COURT JUDGE


Summaries of

United States v. Torrance

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 5, 2020
No. 2:18-cv-1631-JAM-EFB PS (E.D. Cal. May. 5, 2020)
Case details for

United States v. Torrance

Case Details

Full title:UNITED STATES OF AMERICA, Petitioner, v. BRIAN E. TORRANCE, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: May 5, 2020

Citations

No. 2:18-cv-1631-JAM-EFB PS (E.D. Cal. May. 5, 2020)