(PC) Overton v. CHCF ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL L. OVERTON, No. 2:23-cv-1443 DJC CKD P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA HEALTH CARE FACILITY, et al., 15 16 Defendants. 17 18 Plaintiff, a California proceeding pro se, has filed this civil rights action seeking 19 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 28, 2023, the Magistrate Judge filed findings and 22 recommendations herein which were served on Plaintiff and which contained notice 23 that any objections to the findings and recommendations were to be filed within 24 fourteen days. Plaintiff has not filed objections to the findings and recommendations. 25 Although it appears from the file that Plaintiff’s copy of the findings and 26 recommendations was returned, Plaintiff was properly served. It is the Plaintiff’s 27 responsibility to keep the Court apprised of his current address at all times. Pursuant 28 to Local Rule 182(f), service of documents at the record address of the party is fully 1 | effective. 2 The Court presumes that any findings of fact are correct. See Orand v. United 3 | States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge's conclusions of law 4 | are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 5 | (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 6 || recommendations to be supported by the record and by the Magistrate Judge's 7 | analysis. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The findings and recommendations filed September 28, 203, are adopted in 10 || full; and 11 2. This action is dismissed without prejudice. 12 3. The Clerk of the Court is directed to close this case. 13 14 IT Is SO ORDERED. 15 | Dated: _February 23, 2024 “Dane A Hon. Daniel alabretta 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 | over1443.803 22 23 24 25 26 27 28