(PC) Khademi v. South Placer County Jail et al
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 01/17/2023 ADOPTING 29 Findings and Recommendations in full. This action is DISMISSED without prejudice for failure to prosecute. CASE CLOSED. (Rodriguez, E)
Case 2:21-cv-01498-KJM-DB Document 30 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVOOD KHADEMI,
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No. 2:21-cv-1498 KJM DB P
Plaintiff,
v.
ORDER
SOUTH PLACER CO. JAIL, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided
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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On September 27, 2022, the magistrate judge filed findings and recommendations, which
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were served on plaintiff and which contained notice to plaintiff that any objections to the findings
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and recommendations were to be filed within thirty days. Plaintiff has not filed objections to the
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findings and recommendations. Although it appears from the file that plaintiff’s copy of the
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findings and recommendations was returned, 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 to Local
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Rule 182(f), service 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 States,
602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
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Case 2:21-cv-01498-KJM-DB Document 30 Filed 01/17/23 Page 2 of 2
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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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. . . .”). 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 HEREBY ORDERED that:
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1. The findings and recommendations filed September 27, 2022, are adopted in full; and
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2. This action is dismissed without prejudice for failure to prosecute. See E.D. Cal. R.
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183(b).
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DATED: January 17, 2023.
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