(PC) Perkins v. Saipher

United States District Court for the Eastern District of California

(PC) Perkins v. Saipher

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CALVIN PERKINS, No. 2:19-cv-02096-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 MARSHALL SAIPHER, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under

42 U.S.C. § 1983

. The matter was referred to a United States Magistrate Judge pursuant to 19

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On March 12, 2021 the magistrate judge filed findings and recommendations herein which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to 23 the findings and recommendations. 24 Although it appears from the file that Plaintiff’s copy of the order was returned, Plaintiff 25 was properly served. It is Plaintiff’s responsibility to keep the Court apprised of his current 26 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 27 the party is fully effective. 28 /// 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist.,

708 F.2d 452

, 454 (9th Cir. 1983). Having reviewed 4 | the file, the Court finds the findings and recommendations to be supported by the record and by 5 || the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed March 12, 2021 are ADOPTED IN FULL; 8 |} and 9 2. Plaintiff’s Second Amended Complaint is DISMISSED without further leave to 10 | amend. 11 3. The Clerk of Court is directed to close the case. 12 | DATED: May 20, 2021 13 () )

14 “ Man Vickey 15 Troy L. Nunley ] United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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