(PC) Sherman v. Cory ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MYLES LAMELL SHERMAN, No. 2:20-cv-2284-KJM-EFB P 11 Plaintiff, 12 v. ORDER 13 JAMES CORY, 14 Defendant. 15 16 Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking 17 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as 18 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On September 28, 2021, the magistrate judge filed findings and recommendations, which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. Neither party has filed 22 objections to the findings and recommendations.1 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de 25 novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by 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 magistrate judge are reviewed de novo by both the district court and [the appellate] court 2 | ....”). Having reviewed the file, the court finds the findings and recommendations to be 3 || supported by the record and by the proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed September 28, 2021, are adopted in full; and 6 2. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 7 | 110. 8 | DATED: November 12, 2021. 9 10 ( ti / ¢ q_/ CHIEF NT] ED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28