(PC) Beckett v. Banaag, No. 2:2018cv02655 - Document 33 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr on 12/21/2020 ADOPTING 32 Findings and Recommendations. Plaintiff's proposed First Amended Complaint 29 , is construed in part as a motion for leave to proceed on the proposed FAC and, so construed, is DENIED. This action is DISMISSED without prejudice. The Clerk of the Court is directed to close the case. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN ANGELO BECKETT, JR., 12 Plaintiff, 13 14 No. 2:18-cv-2655 MCE AC P v. ORDER S. BANAAG, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 27, 2020, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. ECF No. 32. Neither 23 party has filed 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 1 The Court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 5 6 7 1. The findings and recommendations filed October 27, 2020, ECF No. 32, are ADOPTED in full; 2. Plaintiff’s proposed First Amended Complaint (FAC), ECF No. 29, is construed in part as a motion for leave to proceed on the proposed FAC and, so construed, is DENIED; and 8 3. This action is DISMISSED without prejudice; and 9 4. The Clerk of the Court is directed to close the case. 10 11 IT IS SO ORDERED. Dated: December 21, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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