Opinion

(PC) Chubbuck v. Brown

Court
District Court, E.D. California
Filed
Mar 25, 2021
Cited by
0 cases
Authority
More cited than 17.6%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 DAVID T. CHUBBUCK, No. 2:19-cv-2608 KJM CKD P

12 Plaintiff,

13 v. ORDER

14 JERRY BROWN, et al.,

15 Defendants.

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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 January 4, 2021, the magistrate judge filed findings and recommendations herein

21 which were served upon plaintiff and which contained notice 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 findings and

25 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to

26 keep the court apprised of his current address at all times as required by Local Rule 182(f) (absent

27 such notice service of documents at record address of 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 January 4, 2021, are adopted in full;

8 2. Plaintiff’s first amended complaint is dismissed without leave to amend; and

9 3. This case is closed.

10 DATED: March 24, 2021.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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