1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLETCHER LEGARDY, Case No. 2:23-cv-1332-DJC-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 TACO BELL, 15 Defendant. 16 17 On October 18, 2024, the Magistrate Judge filed findings and 18 recommendations herein which were served on Plaintiff, and which contained notice 19 that any objections to the findings and recommendations were to be filed within 20 fourteen days. Plaintiff filed untimely objections (ECF No. 14), which in the interests of 21 justice the Court has considered. 22 The Court presumes that any findings of fact are correct. See Orand v. United 23 States,

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

(9th Cir. 2007) 25 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 26 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 27 the findings and recommendations to be supported by the record and by the proper 28 analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The proposed Findings and Recommendations filed October 18, 2024, are 3 | ADOPTED; 4 2. Plaintiff's first amended complaint, ECF No. 12, is dismissed for failure to 5 || state a claim; and 6 3. The Clerk of Court is directed to close this action. 7 8 IT IS SO ORDERED. 9 | Dated: _ December 27, 2024 “Daniel A CoD tto— Hon. Daniel alabretta 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28