(PS)Johnson v. Vigen

Filing 15

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 ADOPTING 14 Findings and Recommendations, DISMISSING this action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). CASE CLOSED. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TODD LADON JOHNSON,

12

Plaintiff,

13
14

No. 2:19-cv-00769-KJM-KJN PS
ORDER

v.
LAUREN VIGEN,

15

Defendant.

16
On March 5, 2020, the magistrate judge filed findings and recommendations, which were

17
18

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

19

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

20
21

recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to

22

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

23

of documents at the record address of the party is fully effective.
Accordingly, the court presumes that any findings of fact are correct. See Orand v. United

24
25

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

26

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

27

1983).

28

/////
1

1
2

The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.

3

Accordingly, IT IS ORDERED that:

4

1. The Findings and Recommendations filed March 5, 2020, are ADOPTED;

5

2. This action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure

6

41(b); and

7

3. The Clerk of Court is directed to close this case.

8

DATED: October 13, 2020.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2