(PS) Tubbs v. California Baptist University, No. 2:2022cv01913 - Document 5 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Troy L. Nunley on 07/11/23 ADOPTING 4 Findings and Recommendations in full and DISMISSING action for failure to prosecute, failure to comply with court orders, and failure to state a claim for the reasons set forth in the 3 04/10/23 Order. CASE CLOSED (Benson, A.)
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(PS) Tubbs v. California Baptist University Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PATRICK TUBBS, 12 Plaintiff, 13 14 15 No. 2:22-cv-01913-TLN-JDP ORDER v. UNITED STATES ATTORNEY EASTERN DISTRICT OF CALIFORNIA, et al., 16 Defendants. 17 On June 9, 2023, the magistrate judge filed findings and recommendations herein which 18 19 were served on Plaintiff, and which contained notice that any objections to the findings and 20 recommendations were to be filed within fourteen days. No objections were filed.1 21 /// 22 /// 23 /// 24 /// 25 26 27 28 Although it appears from the file that Plaintiff’s copy of the findings and recommendations was returned, plaintiff was properly served. It is the Plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 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 ORDERED that: 8 1. The findings and recommendations filed June 9, 2023 (ECF No. 4) are ADOPTED IN 9 10 11 12 FULL; 2. This action is DISMISSED for failure to prosecute, failure to comply with court orders, and failure to state a claim for the reasons set forth in the April 10, 2023 order (ECF No. 3); and 3. The Clerk of Court is directed to close the case. 13 Dated: July 11, 2023 14 _____________________________________ 15 16 17 Troy L. Nunley United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2
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