(PC) Warfield v. California Attorney Generals Office ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRODERICK JAMES WARFIELD, No. 2:17-cv-02544-TLN-AC 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA ATTORNEY GENERAL’S OFFICE, et al., 15 Defendants. 16 17 18 Plaintiff is a civil detainee at Napa State Hospital who, while detained in the Solano 19 County Stanton Correctional Facility and proceeding pro se, filed this civil rights action seeking 20 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On August 28, 2019, the magistrate judge filed findings and recommendations herein 23 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 24 findings and recommendations were to be filed within fourteen days. (ECF No. 6.) Plaintiff has 25 not filed objections to the Findings and Recommendations. 26 Although it appears from the file that Plaintiff’s copy of the Findings and 27 Recommendations was returned, Plaintiff was properly served. It is Plaintiff’s responsibility to 28 / / / 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). Having reviewed the file under the applicable legal 7 standards, the Court finds the Findings and Recommendations to be supported by the record and 8 by the magistrate judge’s analysis. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The Findings and Recommendations, filed August 28, 2019 (ECF No. 6), are adopted 11 in full; and 12 2. This action is DISMISSED as frivolous, without leave to amend. 28 U.S.C. § 13 1915A(b)(1); see Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987). 14 IT IS SO ORDERED. 15 Dated: October 29, 2019 16 17 18 19 20 21 22 23 24 25 26 27 28