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Smith v. Cervante

United States District Court, E.D. California
Apr 25, 2007
CIV-S-06-2007 FCD GGH PS (E.D. Cal. Apr. 25, 2007)

Opinion

CIV-S-06-2007 FCD GGH PS.

April 25, 2007


ORDER


On February 20, 2007, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed.

Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). 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).

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 83-182(f), service of documents at the record address of the party is fully effective.

The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full.

Accordingly, IT IS ORDERED that:

1. The Findings and Recommendations filed February 20, 2007, are ADOPTED; and

2. This action is dismissed with prejudice. See Local Rule 11-110; Fed.R.Civ.P. 41(b).


Summaries of

Smith v. Cervante

United States District Court, E.D. California
Apr 25, 2007
CIV-S-06-2007 FCD GGH PS (E.D. Cal. Apr. 25, 2007)
Case details for

Smith v. Cervante

Case Details

Full title:KENNETH SMITH, Plaintiff, v. RICKY CERVANTE, Defendant

Court:United States District Court, E.D. California

Date published: Apr 25, 2007

Citations

CIV-S-06-2007 FCD GGH PS (E.D. Cal. Apr. 25, 2007)