(PC)Zavala v. Revenue Recovery ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS ZAVALA, No. 2:22-cv-0050 KJM DB P 12 Plaintiff, 13 v. ORDER 14 REVENUE RECOVERY, et al., 15 Defendants. 16 17 Plaintiff is a former1 county prisoner proceeding pro se with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Plaintiff alleges funds were improperly removed from his inmate trust 19 account. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. 21 On April 20, 2022, the magistrate judge filed findings and recommendations, which were 22 served on plaintiff, and which contained notice to plaintiff that any objections to the findings and 23 24 1 Records indicate that plaintiff is no longer an inmate in the custody of Sacramento County. See https://www.sacsheriff.com/InmateInformation/SearchNames.aspx (inmate locator website 25 operated by the Sacramento County Sheriff’s Department). This court may take judicial notice of 26 such information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records); Pacheco v. 27 Diaz, No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the California Department of Corrections and Rehabilitation’s inmate 28 locator system). 1 || recommendations were to be filed within twenty days. (ECF No. 6.) Plaintiff has not filed 2 || objections to the findings and recommendations. 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: 10 1. The findings and recommendations filed April 20, 2022, are adopted in full; 11 2. The complaint is dismissed without leave to amend; and 12 3. The Clerk of the Court is directed to close the case. 13 || DATED: October 26, 2022. 14 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28