IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 10, 2011
UNITED STATES OF AMERICA, RESPONDENT,
RAYMOND J. FLINT, MOVANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 27, 2011, the magistrate judge filed findings and recommendations herein 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 movant's copy of the findings and recommendations were returned, movant was properly served. It is the movant'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 has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed January 27, 2011, are adopted in full. 2. Movant's § 2255 motion is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
3. The Clerk of the Court is directed to close the companion civil case, No. CIV S-10-cv-2235 GEB DAD.
4. The Clerk of the Court is directed to serve a copy of this order on movant at his address of record and at the address on the certificate of service entered on the record at Docket No. 49.
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