(PC) Garrett v. Stone ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CAMEO LOREE GARRETT, No. 2:21-cv-1476 KJM AC P 12 Plaintiff, 13 v. ORDER 14 STONE, et al., 15 Defendants. 16 17 Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 15, 2021, the magistrate judge issued findings and recommendations, 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 twenty-one days. See ECF No. 11. 23 Plaintiff has not filed objections to the findings and recommendations. 24 Although it appears from the file that Plaintiff’s copy of the order was returned to the 25 Court as undeliverable, Plaintiff was properly served. It is the Plaintiff’s responsibility to keep 26 the Court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of 27 documents at the record address of the party is fully effective. In addition, the sixty-three-day 28 //// 1 | period within which to file a change of address after served documents have been returned to the 2 | Court has expired. See Local Rule 183(b). 3 The court presumes that any findings of fact are correct. See Orand v. United States, 4 | 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 5 || denovo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 6 || by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 7 || ....”). Having reviewed the file, the court finds the findings and recommendations to be 8 || supported by the record and by the proper analysis. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The findings and recommendations issued November 15, 2021 (ECF No. 11), are 11 | ADOPTED in full; 12 2. This action is DISMISSED without prejudice, and 13 3. This case is CLOSED. 14 | DATED: February 22, 2022. 15 7 CHIEF ED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28