(PC) Samaro v. Barrera et al, No. 2:2019cv01690 - Document 15 (E.D. Cal. 2021)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/13/2021 ADOPTING 14 Findings and Recommendations in full, DISMISSING this action without prejudice. CASE CLOSED. (Coll, A)
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(PC) Samaro v. Barrera et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR FERNANDO SAMARO, 12 Plaintiff, 13 14 No. 2:19-cv-1690 KJM AC P v. ORDER BARRERA, 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 September 10, 2021, the magistrate judge issued findings and recommendations, 20 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within twenty-one days. ECF No. 14. Plaintiff 23 has not filed objections to the findings and recommendations. Although it appears from the file that plaintiff’s copy of the September 2021 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, 602 2 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 4 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 5 Having reviewed the file, the court finds the findings and recommendations to be supported by 6 the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations issued September 10, 2021 (ECF No. 14), are 9 10 11 12 13 ADOPTED in full; 2. This action is DISMISSED without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b), and 3. This case is CLOSED. DATED: December 13, 2021. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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