(PC) Avila v. U.S. Marshals ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NEHEMIAH AVILA, No. 2:23-cv-00136-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 UNITED STATES MARSHALS, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, has filed this civil rights action seeking relief under 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 19, 2023, the magistrate judge filed findings and recommendations herein which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 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. It is Plaintiff’s responsibility to 26 keep the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective. 28 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 4 | the file, the Court finds the findings and recommendations to be supported by the record and by 5 | the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed April 19, 2023 (ECF No. 6) are ADOPTED 8 | IN FULL; and 9 2. This action is DISMISSED without prejudice. 10 3. The Clerk of Court is directed to close the case. 11 || Date: June 12, 2023 12 /) 13 “ Mr / Vhokay 14 Troy L. Nuhlep ] 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28