(SS) (PS) Farinelli v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON D. FARINELLI, No. 2:20-cv-001207 KJM CKD (SS) 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 Plaintiff is proceeding in this action pro se. The matter was referred to a United States 18 Magistrate Judge as provided by Local Rule 302(c). On June 16, 2022, the magistrate judge filed 19 findings and recommendations which contained notice to plaintiff that any objections to the 20 findings and recommendations were to be filed within fourteen days. Plaintiff has not timely 21 filed objections, nor has he kept the court apprised of his current address; as a result, attempted 22 service of the June 16, 2022 findings and recommendations was ineffective. 23 The court presumes that any findings of fact are correct. See Orand v. United States, 24 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 25 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 26 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 27 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 28 supported by the record and by the proper analysis. ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued June 16, 2022 are adopted in full; 3 2. This action is dismissed without prejudice; and 4 3. The Clerk of Court is directed to close this case. 5 || DATED: July 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