(PC) Johnson v. Carver et al

Filing 10

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING 9 Findings and Recommendations in full. This action is DISMISSED for failure to prosecute, failure to comply with court orders, and failure to state a claim. CASE CLOSED. (Perdue, C.)

Case 2:22-cv-00274-KJM-JDP Document 10 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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KALANN R. JOHNSON,

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No. 2:22-cv-00274-KJM-JDP (PC)

Plaintiff,

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v.

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CARVER, et al.,

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ORDER

Defendants.

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Plaintiff, an inmate proceeding pro se, has filed this civil rights action seeking relief under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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

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On November 2, 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 fourteen days. Plaintiff has not filed objections to

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the findings and recommendations.1

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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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Although it appears from the file that plaintiff’s copy of the findings and
recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to
keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service
of documents at the record address of the party is fully effective.
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Case 2:22-cv-00274-KJM-JDP Document 10 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 November 2, 2022, are adopted in full;

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2. This action is dismissed for failure to prosecute, failure to comply with court orders,

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and failure to state a claim, for the reasons set forth in the July 1, 2022 order; and
3. The Clerk of Court is directed to close the case.
DATED: January 17, 2023.

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