United States District Court for the Eastern District of California, 2021

(PS) Madariaga v. Freedom Mortgage & Trustee Corps

(PS) Madariaga v. Freedom Mortgage & Trustee Corps
United States District Court for the Eastern District of California · Decided April 28, 2021
(PS) Madariaga v. Freedom Mortgage & Trustee Corps

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SEILA MADARIAGA and CHRISTINA No. 2:20-cv-02141-TLN-AC

MADARIAGA,

Plaintiffs,

ORDER v.

FREEDOM MORTGAGE & TRUSTEE

CORPS,

Defendant.

Plaintiffs Seila Madariaga and Christina Madariaga (collectively, “Plaintiffs”) are proceeding in this action pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21).

On January 13, 2021, the magistrate judge filed findings and recommendations herein which were served on Plaintiffs and which contained notice to that any objections to the findings and recommendations were to be filed within twenty-one days. (ECF No. 14.) Plaintiffs have not filed objections to the findings and recommendations.

Although it appears from the file that Plaintiffs’ copy of the findings and recommendations was returned, Plaintiffs were properly served. It is Plaintiffs’ responsibility to keep the Court apprised of their current addresses at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. E.D. Cal. L.R. 182(f). 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 de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations filed January 13, 2021 (ECF No. 14), are ADOPTED IN FULL; and

2. This action is DISMISSED without prejudice for lack of prosecution and for failure to comply with the Court’s order. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110.

ITIS SO ORDERED.

DATED: April 26, 2021 “ Mn Vecsey

Troy L. Nuhley> ] United States District Judge

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