(PC) Washington v. Jeremy et al, No. 2:2023cv01238 - Document 11 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/04/23 ADOPTING 10 Findings and Recommendations in full and DISMISSING this action without prejudice. CASE CLOSED (Licea Chavez, V)

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(PC) Washington v. Jeremy et al Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRYL ORLANDO WASHINGTON, 12 No. 2:23-cv-1238-TLN-CKD Plaintiff, 13 v. 14 JEREMY, et al., 15 ORDER Defendants. 16 Plaintiff, a Sacramento County Jail prisoner proceeding pro se, filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 26, 2023, the magistrate judge filed findings and recommendations herein 20 21 which were served on Plaintiff, and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 23 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 always keep the court apprised of his current address. Pursuant to Local Rule 182(f), service of 27 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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 4 the file, the Court finds the findings and recommendations to be supported by the record and by 5 the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed September 26, 203 (ECF No. 10) are 8 9 10 11 ADOPTED IN FULL; 2. This action is DISMISSED without prejudice; and 3. The Clerk of Court is directed to close this case. Date: December 4, 2023 12 13 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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