(PC) McNutt v. Unknown

Filing 14

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/14/2022 ADOPTING 13 Findings and Recommendations in Full. This action is dismissed without prejudice. CASE CLOSED.(Perdue, C.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN KEITH McNUTT,

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Plaintiff,

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v.

No. 2:22-cv-0121 KJM KJN P

ORDER

WARDEN, CSP-FOLSOM, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, 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 aa provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 2, 2022, the magistrate judge filed findings and recommendations, which were

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

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recommendations were to be filed within fourteen days. Plaintiff did not file objections to the

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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 States,

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

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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 August 2, 2022, are adopted in full;

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2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b);

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and
3. The clerk of court is directed to close this case.
DATED: September 14, 2022.

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