(PC) Fleming v Salazar

Filing 5

ORDER signed by District Judge Troy L. Nunley on 3/27/2024 ADOPTING 4 Findings and Recommendations in full and DISMISSING this action without prejudice. CASE CLOSED. (Clemente Licea, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL ZACKERY FLEMING,

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No. 2:24-cv-0081-TLN-KJN

Plaintiff,
v.

ORDER

SALAZAR,

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Defendant.

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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 pursuant to

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

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On February 20, 2024, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. (ECF No. 4.) The time to

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file objections has passed, and Plaintiff did not file objections to the findings and

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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 responsibility to

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always keep the Court apprised of his current address. Pursuant to Local Rule 182(f), service of

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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

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

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations, filed on February 20, 2024, (ECF No. 4) are
ADOPTED IN FULL;
2. This action is DISMISSED without prejudice; and
3. The Clerk of Court is directed to close this case.
Date: March 27, 2024

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Troy L. Nunley
United States District Judge

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