(PS) Scharfenberger v. Jacques ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC SCHARFENBERGER, an No. 2:18-cv-01939-TLN-EFB individual, 12 Plaintiff, 13 ORDER v. 14 MICHAEL A. JACQUES, an individual, 15 and in official capacity as a Child Support Commissioner; PLACER COUNTY 16 DEPARTMENT OF CHILD SUPPORT SERVICES, corporation and municipality, 17 Defendants. 18 19 20 Plaintiff Eric Scharfenberger (“Plaintiff”), a state prisoner proceeding pro se, has filed this 21 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 22 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On February 6, 2020, the magistrate judge filed findings and recommendations which 24 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 25 and recommendations were to be filed within fourteen days. (ECF No. 3.) Plaintiff has not filed 26 any objections to the findings and recommendations. 27 Although it appears from the file that Plaintiff’s copy of the Findings and 28 Recommendations was returned, Plaintiff was properly served. It is Plaintiff’s responsibility to 1 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 2 of documents at the record address of the party is fully effective. 3 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 4 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 5 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 6 1983); see also 28 U.S.C. § 636(b)(1). 7 Having reviewed the file under the applicable legal standards, the Court finds the Findings 8 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The Findings and Recommendations filed February 6, 2020 (ECF No. 3), are adopted 11 in full; 12 2. Plaintiff’s Complaint is DISMISSED without leave to amend; and 13 3. The Clerk of the Court is directed to close the case. 14 IT IS SO ORDERED. 15 Dated: March 6, 2020 16 17 18 19 20 21 22 23 24 25 26 27 28