(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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK JEROME LEWIS,

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No. 2:23-cv-1595 DJC CSK P

Plaintiff,
v.

ORDER

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KIMBERLY J. MUELLER, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking

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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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

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On March 28, 2024, the magistrate judge filed findings and recommendations

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herein which were served on Plaintiff, and which contained notice to Plaintiff that any

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objections to the findings and recommendations were to be filed within fourteen

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days. Plaintiff did not file objections to the findings and recommendations.

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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

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responsibility to keep the court apprised of his current address at all times. Pursuant

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to Local Rule 182(f), service of documents at the record address of the party is fully

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effective.
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The court presumes that any findings of fact are correct. See Orand v. United

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

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are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454

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(9th Cir. 1983). Having reviewed the file, the Court finds the findings and

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recommendations to be supported by the record and by the Magistrate Judge’s

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 16) are adopted in full; and

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2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ.

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P. 41(b).
3. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

May 10, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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/lewi23cv1595.802

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