Watts v. Department of Corrections et al

Filing 48

ORDER signed by District Judge John A. Mendez on 11/14/19 ADOPTING 47 Findings and Recommendations in full; GRANTING 45 Motion to Dismiss; and DISMISSING this action without prejudice. CASE CLOSED. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARLIN WATTS,

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No. 2:17-cv-0852 JAM DB P

Plaintiff,
v.

ORDER

DEPARTMENT OF CORRECTIONS, et
al.,
Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis with a civil

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rights action under 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights under the

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Eighth Amendment. The matter was referred to a United States Magistrate Judge pursuant to 28

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

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On October 3, 2019, the magistrate judge filed findings and recommendations herein

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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. (ECF No. 47.) Neither

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party has filed objections to the findings and recommendations.

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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. 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.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed October 3, 2019, are adopted in full;

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2. Defendants’ motion to dismiss (ECF No. 45) is granted; and

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3. This action is dismissed without prejudice.

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DATED: November 14, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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