(PC)Rivera v. Suisun City Police Department ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON RIVERA, No. 2:19-cv-0920-KJM-EFB P 12 Plaintiff, 13 v. ORDER 14 SUISUN CITY POLICE DEPARTMENT, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 20 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 17, 2020, the magistrate judge filed findings and recommendations, which 22 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 23 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 24 the findings and recommendations.1 25 ///// 26 1 Although it appears from the file that plaintiff’s copy of the findings and recommendations was 27 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 28 at the record address of the party is fully effective. 1 The court presumes that any findings of fact are correct. See Orand v. United States, 2 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 4 by the 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 6 supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed September 17, 2020, are adopted in full. 9 2. Defendant Maccabe – and consequently, the entire case – is dismissed. See Fed. R. 10 Civ. P. 4(m). 11 3. The Clerk of Court is directed to close the case. 12 DATED: November 5, 2020. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28