(PS) El v. State of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO EL, No. 2:20-cv-2249-TLN-KJN 12 Plaintiff, ORDER 13 v. 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 18 Plaintiff Antonio El (“Plaintiff”), proceeding pro se, has filed this civil action. (ECF No. 19 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. 21 On November 16, 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 (14) days. (ECF No. 3.) On November 24 30, 2020, Plaintiff filed an affidavit (ECF No. 4), which appears to be a supplement to the 25 Complaint in light of the fact that the Findings and Recommendations served on Plaintiff were 26 returned as undeliverable. No objections or other documents have been filed by Plaintiff. 27 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 28 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 2 1983); see also 28 U.S.C. § 636(b)(1). 3 Having reviewed the file under the applicable legal standards, the Court finds the Findings 4 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 5 Although it appears from the file that Plaintiff’s copy of the Findings and 6 Recommendations was returned, Plaintiff was properly served. It is Plaintiff’s responsibility to 7 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 8 of documents at the record address of the party is fully effective. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The Findings and Recommendations filed on November 16, 2020 (ECF No. 3), are 11 adopted in full; 12 2. The action is DISMISSED with prejudice; and 13 3. The Clerk of Court is directed to close this case. 14 IT IS SO ORDERED. 15 DATED: December 17, 2020 16 17 18 19 20 21 22 23 24 25 26 27 28