Larson v. Baker

Dana L. Christensen, Chief Judge United States District Court

ORDER

United States Magistrate Judge Jeremiah C. Lynch entered his Order and Findings and Recommendations on February 28, 2019, recommending the dismissal of Plaintiff's case for failure to state a claim upon which relief can be granted. (Doc. 4 at 8.) Plaintiff did not object to the Findings and Recommendations and so has waived the right to de novo review thereof. 28 U.S.C. § 636(b)(1)(C). Absent objection, this Court reviews findings and recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Reviewing for clear error and finding none,

IT IS ORDERED that Judge Lynch's Order and Findings and Recommendations (Doc. 4) are ADOPTED IN FULL and Plaintiff's complaint is DISMISSED without leave to amend for failure to state a claim upon which relief can be granted.

IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a judgment of dismissal and close this case.

DATED this 1^st day of May, 2019.

/s/_________

Dana L. Christensen, Chief Judge

United States District Court