(PS) Spearman v. Towing ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD EDWARD SPEARMAN, No. 2:21-cv-01288-KJM-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 SAM BERRI TOWING, et al., 15 Defendants. 16 17 On April 13, 2022, the magistrate judge filed findings and recommendation, which were 18 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 19 recommendations were to be filed within fourteen days. No objections were filed.1 20 The court presumes that any findings of fact are correct. See Orand v. United States, 21 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 22 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 23 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 24 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 25 supported by the record and by the proper analysis. 26 1 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 responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 28 of documents at the record address of the party is fully effective. ] Accordingly, IT IS ORDERED that: 2 1. The findings and recommendations filed April 13, 2022, are adopted in full; 3 2. Plaintiffs case is dismissed with prejudice as frivolous; and 4 3. The Court of Clerk is directed to close this case. 5 || DATED: June 28, 2022. 6 7 ( ti / ¢ q_/ CHIEF NT] ED STATES DISTRICT JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28