Lira v. Prosper et al

Filing 47

ORDER signed by Senior Judge William B. Shubb on 3/29/2023 ADOPTING 46 The Findings and Recommendations in full; Plaintiff's Motions 38 , 42 to Reopen Case are DENIED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 BENJAMIN LIRA, Plaintiff, 13 14 15 No. 2:05-cv-02452 WBS GGH v. ORDER K. PROSER, et al., Defendants. 16 17 ----oo0oo---- 18 Plaintiff, a state prisoner proceeding pro se, brings 19 20 this civil rights action which was previously dismissed pursuant 21 to his notice to voluntarily dismiss the action and defendants’ 22 statement of non-opposition. 23 action. 24 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b) and 25 Local Rule 302. 28 The matter was referred to a On November 19, 2021, the Magistrate Judge filed 26 27 (Docket Nos. 38, 42.) Plaintiff has moved to reopen this Findings and Recommendations herein which were served1 on the 1 The findings and recommendations were mailed to the 1 1 parties and which contained notice that the parties may file 2 objections within the time specified therein. 3 No objections were filed. 4 (Docket No. 46.) In accordance with the provisions of 28 U.S.C. § 636(b) 5 and Local Rule 304(f), this Court has conducted a de novo review 6 of this case. 7 Court finds the Findings and Recommendations to be supported by 8 the record and by proper analysis. 9 Accordingly, IT IS HEREBY ORDERED that: 10 11 Having carefully reviewed the entire file, the 1. The Findings and Recommendations filed November 19, 2021 are adopted in full; 12 2. 13 are DENIED. 14 Dated: Plaintiff’s motions to reopen (Docket Nos. 38, 42) March 29, 2023 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plaintiff at his last known address at the Kings County Jail, but the mail was “returned as undeliverable, no reason listed.” Plaintiff made no attempt to update the court with his current address. 2

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