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Sherman v. Cory

United States District Court, Eastern District of California
Nov 12, 2021
2:20-cv-2284-KJM-EFB P (E.D. Cal. Nov. 12, 2021)

Opinion

2:20-cv-2284-KJM-EFB P

11-12-2021

MYLES LAMELL SHERMAN, Plaintiff, v. JAMES CORY, Defendant.


ORDER

Plaintiff, a county jail inmate 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.

On September 28, 2021, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations.

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.

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 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.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed September 28, 2021, are adopted in full; and

2. This action is dismissed without prejudice. See Fed. R Civ. P. 41(b); E.D. Cal. L.R 110.


Summaries of

Sherman v. Cory

United States District Court, Eastern District of California
Nov 12, 2021
2:20-cv-2284-KJM-EFB P (E.D. Cal. Nov. 12, 2021)
Case details for

Sherman v. Cory

Case Details

Full title:MYLES LAMELL SHERMAN, Plaintiff, v. JAMES CORY, Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 12, 2021

Citations

2:20-cv-2284-KJM-EFB P (E.D. Cal. Nov. 12, 2021)