(PC) Terry v. Hashemi ( 2021 )


Menu:
  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE TERRY, No. 2:20-cv-01148-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 NASTRAN HASHEMI, et al., 15 Defendants. 16 17 Plaintiff Bruce Terry (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 14, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 8.) Plaintiff has 23 not filed objections to the findings and recommendations. 24 Although it appears from the file that Plaintiff’s copy of the Findings and 25 Recommendations was returned, Plaintiff was properly served. Pursuant to Local Rule 182(f), 26 service of documents at the record address of the party is fully effective. 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 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations filed December 14, 2020 (ECF No. 8), are 7 adopted in full; and 8 2. This action is DISMISSED. See E.D. Cal. L.R. 183(b). 9 3. The Clerk of the Court is directed to close this case. 10 IT IS SO ORDERED. 11 DATED: January 19, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:20-cv-01148

Filed Date: 1/21/2021

Precedential Status: Precedential

Modified Date: 6/19/2024