(PC) Fontaine v. Shasta County Sheriff ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SETH ANTHONY FONTAINE, No. 2:21-cv-01688-JAM-CKD 12 Plaintiff, 13 v. ORDER 14 SHASTA COUNTY SHERIFF, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 16, 2022, the magistrate judge filed findings and recommendations herein 21 which contained notice to plaintiff that any objections to the findings and recommendations were 22 to be filed within fourteen days. Although it appears from the file that plaintiff’s copy of the 23 order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the 24 court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of 25 documents at the record address of the party is fully effective. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 1 reviewed the file, the court finds the findings and recommendations to be supported by the record 2 and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed February 16, 2022 adopted in full; and 5 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 6 7 DATED: March 16, 2022 /s/ John A. Mendez 8 THE HONORABLE JOHN A. MENDEZ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28