Tunstall v. Bick et al

Filing 168

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/12/2023 ADOPTING in FULL 167 Findings and Recommendations. This action is DISMISSED pursuant to FRCP 25(a)(1). DENIED as MOOT 116 Motion to Revoke. The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT WILLIAM TUNSTALL, JR.,

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Plaintiff,

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No. 2:16-CV-02604-KJM-DMC-P

v.

ORDER

JOSEPH BICK, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules.
On August 3, 2023, the Magistrate Judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within the time specified therein. No objections to the findings and recommendations have been

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filed.
The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations

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of law by the magistrate judge are reviewed de novo by both the district court and [the appellate]

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court . . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Although it appears from the file that plaintiff’s copy of the findings and

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recommendations was returned, plaintiff was properly served. Pursuant to Local Rule 182(f),

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

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed August 3, 2023, are adopted in

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This action is DISMISSED pursuant to Federal Rule of Civil Procedure

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3.

Defendants’ motion to revoke Plaintiff’s in forma pauperis status, ECF

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No. 116, be DENIED as moot.

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4.

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DATED: September 12, 2023.

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full.

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25(a)(1).

The Clerk of the Court is directed to enter judgment and close this file.

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