(PC) Robinson v. Hurra ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERMAINE DANIEL ROBINSON, No. 2:22-cv-1601-DAD-AC-P 12 Plaintiff, 13 v. ORDER 14 G. HURRA, et al., 15 Defendants. 16 17 Jermaine Daniel Robinson, an individual in the custody of the state hospital, has 18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On December 23, 2022, the magistrate judge filed findings and 22 recommendations herein which were served on plaintiff and which contained notice 23 to plaintiff that any objections to the findings and recommendations were to be filed 24 within fourteen days. (ECF No. 6.) Plaintiff has not filed objections to the findings and 25 recommendations. 26 Although it appears from the file that plaintiff’s copy of the findings and 27 recommendations was returned, plaintiff was properly served. It is the plaintiff’s 28 responsibility to keep the court apprised of his current address at all times. Where 1 | mail is returned, plaintiff has sixty-three days to notify the court of plaintiff's current 2 | address. Local Rule 183(b). Sixty-three 3 //// 4 | days have passed and plaintiff has not provided an updated address. Pursuant to 5 | Local Rule 182(f), service of documents at the record address of the party is fully 6 | effective. 7 The court presumes that any findings of fact are correct. See Orand v. United 8 || States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law 9 | are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) 10 | (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 11 } district court and [the appellate] court... .”). Having reviewed the file, the court finds 12 | the findings and recommendations to be supported by the record and by the proper 13 analysis. 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. The findings and recommendations filed December 23, 2022 (ECF No. 6), 16 are adopted in full; 17 2. This action is dismissed without prejudice; and 18 3. The Clerk of the Court is directed to enter judgment and close this case. 19 20 IT IS SO ORDERED. 22 | Dated: _ April 10, 2023 Beek | bbeatie Hon. Daniel labretta 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28