Romero v. Spearman et al

Filing 43

ORDER signed by District Judge Daniel J. Calabretta on 09/05/23 ADOPTING 42 Findings and Recommendations in full and DENYING AS MOOT 40 Motion to Compel. This matter is DISMISSED with prejudice. CASE CLOSED (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ROMERO,

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No. 2:18-cv-1590 DJC AC P

Plaintiff,
v.

ORDER

M.E. SPEARMAN, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 28, 2023, the Magistrate Judge issued findings and recommendations

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herein which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within twenty-

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one days. (ECF No. 42.) Neither party has filed objections to the findings and

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recommendations.

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It appears from the file that on August 8, 2023, plaintiff’s copy of the findings

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and recommendations was returned to the court as “Undeliverable, Return to Sender,

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Refused.” The file also indicates that on July 13, 2023, the Magistrate Judge’s order

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directing Plaintiff to file a change of address and a response to Defendants’ motion to
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compel (see ECF No. 41) (magistrate’s order) was also returned to the court as

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“Undeliverable, Refused.”

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Despite these facts, Plaintiff was properly served. It is the Plaintiff’s

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responsibility to keep the court apprised of his current address at all times. Pursuant

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to Local Rule 182(f), service of documents at the record address of the party is fully

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effective.

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The Court has reviewed the file and finds the findings and recommendations to

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be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS

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HEREBY ORDERED that:

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1. The findings and recommendations issued July 28, 2023 (ECF No. 42), are
ADOPTED IN FULL;

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2. Defendants’ motion to compel (ECF No. 40) is DENIED as moot;

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3. This matter is DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil

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Procedure 41(b), and

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4. This case is CLOSED.

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IT IS SO ORDERED.

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Dated:

September 5, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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rome1590.803

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