Barrios v. Ferrara et al

Filing 29

ORDER signed by District Judge Kimberly J. Mueller on 1/29/18 ADOPTING 25 FINDINGS AND RECOMMENDATIONS: 14 Motion to Dismiss is GRANTED. Plaintiff's claim for injunctive relief against defendant Ferrara is dismissed. Defendant Ferrara is dismissed from this action. This matter is referred back to the magistrate judge for further proceedings. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORDER

Plaintiff,

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No. 2:17-cv-0415 KJM CKD

KEVIN LEE BARRIOS,

v.
THOMAS FERRARA, et al.,

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Defendants.

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Plaintiff, proceeding pro se, filed this civil rights action seeking relief under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 30, 2017, the magistrate judge filed findings and recommendations,

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

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
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. It is the plaintiff’s responsibility to

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

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

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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 Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). 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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Accordingly, IT IS ORDERED that:

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1. The findings and recommendations filed October 30, 2017, are adopted in full.

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2. Defendant Ferrara’s motion to dismiss (ECF No. 14) is granted.

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3. Plaintiff’s claim for injunctive relief against defendant Ferrara is dismissed.

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4. Defendant Ferrara is dismissed from this action.

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5. This matter is referred back to the magistrate judge for further proceedings.

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DATED: January 29, 2018.

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UNITED STATES DISTRICT JUDGE

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