(PC) Azevedo v. Walton

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA — 10 — 11 ALEX LEONARD AZEVEDO, No. 2:24-cv-3102-TLN-CSK 12 Plaintiff, 13 v. ORDER 14 ANNE WALTON, 15 Defendant. — 16 — 17 Plaintiff, a state prisoner proceeding pro se, 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 November 15, 2024, the magistrate judge filed findings and recommendations which 21 were served on plaintiff, and which contained notice that any objections to the findings and 22 recommendations were to be filed within fourteen days. Plaintiff filed objections to the findings 23 and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] 28 court[.]”). Having reviewed the file, including the objections, the Court finds the findings and 1 || recommendations to be supported by the record and by the proper analysis. 2 The Court notes that in his objections, Plaintiff claims he has not been “contacted” or 3 | provided a case number for his previously filed case, Azevedo v. Nelson, No. 2:24-cv-2995-AC-P 4 | (ED. Cal.). CECF No. 8 at 1-2.) However, a review of the court docket in No. 2:24-cv-29955 | AC-P reflects Plaintiff was informed of the opening of his prior action when the Clerk of the 6 | Court issued new case documents and a litigant letter to Plaintiff on November 1, 2024. Prisoner 7 | New Case Documents and Order, Azevedo v. Nelson, No. 2:24-cy-2995-AC-P (E.D. Cal. Nov. 1, 8 | 2024), ECF No. 3.! In addition, on November 5, 2024, in response to Plaintiffs request for 9 | status of his case filings, Plaintiff was sent a list of his open cases. Status Request, Azevedo v. 10 | Nelson, No. 2:24-cv-2995-AC-P (E.D. Cal. Nov. 4, 2024), ECF No. 5. However, because 11 | Plaintiff now claims he has not received any documents identifying his prior case, the Clerk of the 12 | Court is directed to send Plaintiff a copy of the following documents filed in No. 2:24-cv-299513 | AC-P: Plaintiff's Complaint (ECF No. 1) and the new case opening documents served on 14 | November 1, 2024 (ECF No. 3). 15 Accordingly, IT IS HEREBY ORDERED that: 16 1. The findings and recommendations, (ECF No. 5), are ADOPTED in full; 17 2. This action is DISMISSED without prejudice; and 18 3. The Clerk of the Court is directed to send plaintiff a copy of the following documents 19 filed in Azevedo v. Nelson, No. 2:24-cv-2995-AC-P (E.D. Cal.): Plaintiffs Complaint 20 (ECF No. 1) and the new case opening documents served on November 1, 2024 (ECF 21 No. 3). 22 | Date: December 13, 2024 — 23 — 24 7, 25 TROY L. NUNLEY CHIEF UNITED STATES DISTRICT JUDGE — 27 — ' A court may take judicial notice of court records. See MGIC Indem. Co. y. Weisman, 803 F.2d 28 | 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).