United States District Court for the Eastern District of California, 2023

(PC) Black v. Siskiyou County Jail

(PC) Black v. Siskiyou County Jail
United States District Court for the Eastern District of California · Decided May 17, 2023
(PC) Black v. Siskiyou County Jail

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA SIVA D. BLACK, No. 2:22-cv-0933 KJM AC P 12 Plaintiff, 13 v. ORDER SISKIYOU COUNTY JAIL, 15 Defendant.

17 Plaintiff, a county prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On March 28, 2023, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. ECF No. 13. Plaintiff has not filed objections to the findings and recommendations.

24 Although it appears from the file that plaintiff’s copy of the findings and recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.

28 ///// ] 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 || denovo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law | by the magistrate judge are reviewed de novo by both the district court and [the appellate] court || ....”). Having reviewed the file, the court finds the findings and recommendations to be || supported by the record and by the proper analysis.

7 Accordingly, IT IS HEREBY ORDERED: 8 1. The findings and recommendations filed March 28, 2023 (ECF No. 13), are adopted in | full; 10 2. Plaintiffs motion for temporary restraining order and preliminary injunction (ECF || No. 9) is denied as moot; and 12 3. This case is referred back to the assigned magistrate judge for all further pretrial || proceedings.

14 | DATED: May 16, 2023.

7 CHIEF ED STATES DISTRICT JUDGE

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