Duque v. Davis

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The court dismissed the action without prejudice after plaintiff failed to file objections.

Holdings

1. When reviewing a magistrate judge's findings and recommendations, factual findings are presumed correct and legal conclusions are reviewed de novo.
2. The district court may adopt the magistrate judge's findings and recommendations in full when they are supported by the record and the magistrate judge's analysis and no objections warrant a different result.
3. Service of documents at the record address of a party is fully effective when the party has a responsibility to keep the court apprised of a current address.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when plaintiff filed no objections.
2. What standard of review applies to the magistrate judge's factual findings and legal conclusions.
3. Whether the action should be dismissed without prejudice.

Disposition

dismissed