(PC)Watkins v. Klein ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MAURICE WATKINS, No. 2:20-cv-1360 KJM DB P 11 Plaintiff, 12 v. ORDER 13 JEFF LYNCH, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 17 §1983. Plaintiff claims officers failed to protect him in violation of his Eighth Amendment. The 18 matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) 19 and Local Rule 302. 20 On May 9, 2022, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within twenty-one days. (ECF No. 45.) Neither party has 23 filed objections to the findings and recommendations. 24 Although it appears from the file that plaintiff’s copy of the findings and 25 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to 26 keep the court apprised of his current address at all times. Under Local Rule 182(f), service of 27 documents at the record address of the party is fully effective. 28 ///// ] The court presumes that any findings of fact are correct. See Orand v. United States, 2 | 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 || denovo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 4 | by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 5 || ....”). Having reviewed the file, the court finds the findings and recommendations to be 6 || supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed May 9, 2022, are adopted in full; 9 2. Defendants’ motion for summary judgment (ECF No. 36) is denied as moot; 10 3. This action is dismissed pursuant to Federal Rule of Civil Procedure 41(b); and 11 4. The Clerk of Court is directed to close this case. 12 | DATED: July 8, 2022. 13 14 ee 3 CHIEF ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28