1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GS HOLISTIC, LLC, No. 2:23-cv-00351 KJM CKD 12 Plaintiff, ORDER 13 v. 14 KING’S SMOKE SHOP & VAPE, et al., 15 Defendants. 16 17 Plaintiff’s motion for default judgment against two defendants is before the court. (ECF 18 No. 37.) On August 18, 2025, the magistrate judge filed findings and recommendations, which 19 contained notice to plaintiff that any objections to the findings and recommendations were to be 20 filed within fourteen days. Plaintiff has not filed objections. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 28 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The August 18, 2025 findings and recommendations (ECF No. 40) are adopted in 3 full; 4 2. Plaintiff’s motion for default judgment (ECF No. 37) is denied; 5 3. The First Amended Complaint (ECF No. 23) is dismissed without prejudice; and 6 4. Plaintiff is granted thirty (30) days to file an amended complaint or face dismissal of 7 this action. 8 This order resolves ECF Nos. 37, 40. 9 IT IS SO ORDERED. 10 DATED: September 18, 2025. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28