(PS) Chiu v. Bank of America

United States District Court for the Eastern District of California

(PS) Chiu v. Bank of America

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAIFUSIN CHIU, No. 2:23-cv-01201 KJM AC PS 12 Plaintiff, 13 v. ORDER 14 BANK OF AMERICA, 15 Defendant. 16 17 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a 18 United States Magistrate Judge as provided by Local Rule 302(c)(21). 19 On June 23, 2023, the magistrate judge filed findings and recommendations, which were 20 served on plaintiff, and which contained notice to plaintiff that any objections to the findings and 21 recommendations were to be filed within 21 days. ECF No. 3. Plaintiff has not filed objections. 22 The court presumes that any findings of fact are correct. See Orand v. United States, 23

602 F.2d 207, 208

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 24 de novo. See Robbins v. Carey,

481 F.3d 1143, 1147

(9th Cir. 2007) (“[D]eterminations of law 25 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 26 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 27 supported by the record and by the proper analysis. 28 ///// ] The court acknowledges the magistrate judge’s footnote about plaintiffs numerous cases 2 | filed in this district recently against various defendants consisting of similar allegations, which 3 || have been dismissed immediately for frivolity, including by the undersigned. See, e.g., Chiu v. 4 | Trump, No. 2:22-cv-00764-KJM-AC; see also Findings and Recommendations at 3 n.1. Plaintiff 5 || is cautioned future frivolous filings may result in the entry of a vexatious litigant order against 6 || plaintiff, which would restrict plaintiffs ability to file in this court. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed June 23, 2023, are adopted in full; 9 2. All claims against all defendants should be DISMISSED with prejudice; and 10 3. The Clerk of Court is directed to CLOSE this case. 11 | DATED: August 24, 2023. 12

4 CHIEF ED STATES DISTRICT JUDGE

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Reference

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