1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 Case No. 2:21-cv-09551-SSS (AS)

JACQUELYN MILLER,

11 Plaintiff, 12

ORDER ACCEPTING REPORT

13 v. AND RECOMMENDATION OF

UNITED STATES

14 DYLAN FERRIS, et al. MAGISTRATE JUDGE 15 Defendants. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Fourth Amended 19 Complaint, all of the records herein, and the Report and Recommendation of a 20 United States Magistrate Judge. After having made a de novo determination of 21 the portions of the Report and Recommendation to which Objections were 22 directed, the Court concurs with and accepts the findings and conclusions of the 23 Magistrate Judge. 24 Plaintiff objects that this case was not properly before the Magistrate 25 Judge and that the District Judge had a personal bias or prejudice based on past 26 rulings. [Dkt. 139 at 3, 6-7]. This case was properly referred to the Magistrate 27 Judge. See Washington v. Kijakazi, 72 F.4th 1029, 1029 (9th Cir. 2023) 1 || recommendations on dispositive pretrial matters). Plaintiff also has not 2 || demonstrated personal bias or prejudice based on the District Judge’s rulings. 3 || See Liteky v. United States, 510 U.S. 540, 555 (1994) (recognizing that adverse rulings, standing alone, are insufficient to show that the decisionmaker was 5 || biased). 6 In sum, Plaintiff’s Objections do not cause the Court to reconsider its || decision to accept the Magistrate Judge’s conclusions and recommendations. 8 || Accordingly, the Court concurs with and accepts the findings and conclusions of || the Magistrate Judge in the Report and Recommendation. 10 Defendants’ Motion to Dismiss is GRANTED; Defendants’ Request for 11 || Judicial Notice is GRANTED; Plaintiff's Fourth Amended Complaint is 12 || DISMISSED WITHOUT LEAVE TO AMEND; and Judgment shall be 13 || entered dismissing this action with prejudice. The Clerk shall serve copies of || this Order and the Magistrate Judge’s Report and Recommendation on Plaintiff. 15 IT IS SO ORDERED. 16 17 || DATED: July 28, 2023 18 SUNSHINE S. YKES United States District Judge 19 20 21 22 23 24 25 26 27 28