Wooten v. City of Stockton

Full title: ROBERT WOOTEN, Plaintiff, v. THE CITY OF STOCKTON, Defendant

Court: United States District Court, E.D. California

Date published: Feb 29, 2008

CIV-S-06-2789 FCD EFB PS (E.D. Cal. Feb. 29, 2008)

Opinion

CIV-S-06-2789 FCD EFB PS.

February 29, 2008

ORDER

FRANK DAMRELL JR., District Judge

On February 11, 2008, 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 February 11, 2008, are ADOPTED;

2. Plaintiff's motion for summary judgment is denied;

3. Defendant's motion for summary judgment is granted;

4. Plaintiff's request for a three-judge court is denied; and,

5. The Clerk is directed to close the case.