Merkelo, et al. v. Spidell

Filing 4

ORDER signed by Judge Kimberly J. Mueller on 2/10/15: The Findings and Recommendations filed November 21, 2014, are ADOPTED. This case is remanded to the Superior Court of the State of California in and for the County of Sacramento. The Clerk is directed to close this case. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

JERRY MERKELO, HANNA
MERKELO-CHEBERENCHYK,
Plaintiffs,

13

ORDER
v.

14
15

No. 2:14-cv-2400-KJM-EFB PS

GEORGINA SPIDELL,
Defendant.

16
17

On November 21, 2014, the magistrate judge filed findings and recommendations, which

18
19

were served on the parties and which contained notice that any objections to the findings and

20

recommendations were to be filed within fourteen days. No objections were filed.
Although it appears from the file that plaintiffs’ copy of the findings and

21
22

recommendations was returned, plaintiffs were properly served. It is the plaintiffs’ responsibility

23

to keep the court apprised of their current address at all times. Pursuant to Local Rule 182(f),

24

service of documents at the record address of the party is fully effective.

25

The court presumes that any findings of fact are correct. See Orand v. United States, 602

26

F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

27

See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

28

/////
1

1

the file, the court finds the findings and recommendations to be supported by the record and by

2

the proper analysis.

3

Accordingly, IT IS ORDERED that:

4

1. The Findings and Recommendations filed November 21, 2014, are ADOPTED;

5

2. This case is remanded to the Superior Court of the State of California in and for the

6
7
8

County of Sacramento; and
3. The Clerk is directed to close this case.
DATED: February 10, 2015.

9
10
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2