Miles v. Cox et al

Filing 32

ORDER ADOPTING 31 Findings and Recommendations to DENY 29 Plaintiff's Motion to Reopen Case, signed by District Judge Jennifer L. Thurston on 08/22/2022. No further motions will be filed or considered in this action. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE MILES, SR.,

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Plaintiff,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTION TO REOPEN CASE
(Docs. 29, 31)

R. COX, et al.,

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Case No.: 1:14-cv-01683 JLT SKO (PC)

Defendants.

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Maurice Miles, Sr. requests the Court re-open this civil rights action. (Doc. 29.) The

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action was dismissed with prejudice for failure to state a claim. (Doc. 10, Doc. 31 at 1.) Plaintiff

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appealed the dismissal to the Ninth Circuit, which dismissed his appeal on August 28, 2015.

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(Doc. 29.)

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On July 28, 2022, the assigned magistrate judge issued Findings and Recommendations

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on the motion to reopen the matter. (Doc. 31.) The magistrate judge found Plaintiff failed to

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identify “any basis” under Rule 60 of the Federal Rules of Civil Procedure to re-open the matter,

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and there were “no extraordinary or highly unusual circumstances justifying relief.” (Id. at 4-5.)

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Therefore, the magistrate judge recommended Plaintiff’s motion be denied. (Id. at 5.)

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The Court granted Plaintiff 14 days in which to file objections to the Findings and

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Recommendations (Doc. 31 at 5), which were served on Plaintiff at the only address known to the

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Court. The objection period has passed, and Plaintiff has not filed objections or otherwise

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communicated with the Court.1

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According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this

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case. Having carefully reviewed the entire matter, the Court concludes the Findings and

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Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:

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1.

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The Findings and Recommendations issued on July 28, 2022 (Doc. 31) are
ADOPTED in full.

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2.

Plaintiff’s motion to reopen this action (Doc. 29) is DENIED.

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3.

No further motions will be filed or considered in this action.

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IT IS SO ORDERED.
Dated:

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August 22, 2022

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The United States Postal Service returned the Findings and Recommendations on August 17, 2022. A notation on
the envelope indicated “Undeliverable, Unclaimed.” Plaintiff has not notified the Court of any change in his address.
Absent such notice, service at a party’ prior address is fully effective. Local Rule 182(f).

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