1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VIVIAN J. TOLIVER, No. 2:24-cv-2139-KJM-SCR 12 Plaintiff, 13 v. ORDER 14 CLEAR RECON CORP., 15 Defendant. 16 17 Plaintiff is proceeding pro se in this matter, which was referred to the magistrate judge 18 under Local Rule 302(c)(21) and

(b)(1). 19 On September 3, 2025, the magistrate judge filed findings and recommendations, which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. ECF No. 11. Neither party 22 has filed objections to the findings and recommendations. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24

(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 25 novo. See Robbins v. Carey,

(9th Cir. 2007) (“[D]eterminations of law by 26 the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 3, 2025, are adopted in full; 3 2. This action is dismissed without prejudice; and 4 3. The Clerk shall enter judgment and close this file. 5 || DATED: October 17, 2025.

7 = | ¥ FU/ Fees STATES DISTRICT JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28