(PC) Lewis v. Mueller, et al.

Filing 18

ORDER signed by District Judge Daniel J. Calabretta on 5/10/2024 ADOPTING 16 Findings and Recommendations in Full and DISMISSING this action without prejudice. CASE CLOSED. (Woodson, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DERRICK JEROME LEWIS, 12 13 No. 2:23-cv-1595 DJC CSK P Plaintiff, v. ORDER 14 KIMBERLY J. MUELLER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 28, 2024, the magistrate judge filed findings and recommendations 21 herein which were served on Plaintiff, and which contained notice to Plaintiff that any 22 objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff did not file objections to the findings and recommendations. 24 Although it appears from the file that Plaintiff’s copy of the findings and 25 recommendations was returned, Plaintiff was properly served. It is the Plaintiff’s 26 responsibility to keep the court apprised of his current address at all times. Pursuant 27 to Local Rule 182(f), service of documents at the record address of the party is fully 28 effective. 1 1 The court presumes that any findings of fact are correct. See Orand v. United 2 States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law 3 are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 4 (9th Cir. 1983). Having reviewed the file, the Court finds the findings and 5 recommendations to be supported by the record and by the Magistrate Judge’s 6 analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations (ECF No. 16) are adopted in full; and 9 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. 10 11 P. 41(b). 3. The Clerk of the Court is directed to close this case. 12 13 14 IT IS SO ORDERED. Dated: May 10, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 /lewi23cv1595.802 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?