(PS) Balancio v. Solano County Superior Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VINCE BALANCIO and SAMANTHA No. 2:20-cv-01831-TLN-CKD BALANCIO, 12 Plaintiffs, 13 ORDER v. 14 SOLANO SUPERIOR COURT, et al., 15 Defendants. 16 17 18 Plaintiffs Vince Balancio and Samantha Balancio (collectively, “Plaintiffs”), individuals 19 proceeding pro se, have filed the instant action. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On December 8, 2020, the magistrate judge filed findings and recommendations herein 22 which were served on the parties and which contained notice that any objections to the findings 23 and recommendations were to be filed within fourteen days. (ECF No. 4.) No objections were 24 filed. 25 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 28 U.S.C. § 636(b)(1). 1 Although it appears from the file that Plaintiffs’ copy of the findings and 2 recommendations was returned, Plaintiffs were properly served. It is Plaintiffs’ responsibility to 3 keep the Court apprised of their current address at all times. Pursuant to Local Rule 182(f), 4 service of documents at the record address of the party is fully effective. E.D. Cal. L.R. 182(f). 5 Having carefully reviewed the entire file, the Court finds the findings and 6 recommendations to be supported by the record and by proper analysis. 7 Accordingly, IT IS ORDERED that: 8 1. The Proposed Order and Findings and Recommendations filed December 8, 2020 9 (ECF No. 4), are ADOPTED IN FULL; 10 2. The original Complaint (ECF No. 1) is DISMISSED without prejudice; and 11 3. The Clerk of Court is directed to close this case. 12 IT IS SO ORDERED. 13 DATED: January 14, 2021 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28