(PC) Sims v. Smith et al, No. 2:2016cv02329 - Document 36 (E.D. Cal. 2020)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 4/17/2020 ADOPTING 35 Findings and Recommendations in full. This action is DISMISSED. CASE CLOSED. (Zignago, K.)
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(PC) Sims v. Smith et al Doc. 36 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARIUS SIMS, 12 Plaintiff, 13 14 No. 2:16-cv-2329 KJM AC P v. ORDER CHRISTOPHER SMITH, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 16, 2020, the magistrate judge filed findings and recommendations, which were 20 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. ECF No. 35. Neither party has filed 23 objections to the findings and recommendations. Although it appears from the file that plaintiff’s copy of the findings and 24 25 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to 26 keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective. 28 ///// 1 Dockets.Justia.com 1 The court presumes that any findings of fact are correct. See Orand v. United States, 2 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 4 by the magistrate judge are reviewed de novo by both the district court and [the appellate] 5 court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 6 supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed March 16, 2020, ECF No. 35, are adopted in 9 10 11 full; and 2. This action is dismissed. DATED: April 17, 2020. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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