Richard Tetsuo Osaki v. The San Bernardion County Sheriff Department West Valley Detention Center Doctors, Staff Personnel

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7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 11 RICHARD TETSUO OSAKI, Case No. 5:21-cv-00567-FMO-SHK 12 Plaintiff,

ORDER DISMISSING COMPLAINT

13 v. 14 THE SAN BERNARDINO COUNTY 15 SHERIFF DEPARTMENT, et al., 16 Defendants. 17 18 I. BACKGROUND 19 The operative complaint in this matter is Plaintiff Richard Osaki’s 20 (“Plaintiff”) Third Amended Complaint (“TAC”) filed on March 1, 2023. 21 Electronic Case Filing Number (“ECF No.”) 27, TAC. On May 26, 2023, the 22 Court issued a Report and Recommendation (“R&R”) and a Notice of Filing 23 Report and Recommendation (“R&R Notice”), ECF Nos. 30, 31, and mailed the 24 documents to Plaintiff at Plaintiff’s last known address of record. On June 9, 2023, 25 the United States Postal service (“USPS”) returned the R&R and R&R Notice to 26 the Court (“Return Mail”) with a notation stating, “Return to Sender/ Not in 27 Custody.” ECF Nos. 32, 33. 1 On June 27, 2023, the Court issued an order (“Order”) notifying Plaintiff 2 that “[b]ased on the…