(PC) Bell v. Martel ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL XAVIER BELL, No. 2:17-cv-00063-MCE-CKD 12 Plaintiff, 13 v. ORDER 14 MICHAEL MARTEL, et al, 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has 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 January 18, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections 22 thereto were to be filed within fourteen days. ECF No. 110. Neither party has filed objections to 23 the findings and recommendations. 24 Although it appears from the file that plaintiff’s copy of the findings and 25 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to 26 keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective. 28 /// 1 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 2 | F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 3 | See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 4 | reviewed the file, the Court finds the findings and recommendations to be supported by the record 5 || and by the magistrate judge’s analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed January 18, 2023, ECF No. 110, are 8 | ADOPTED in full; and 9 2. This action is DISMISSED without prejudice. See Local Rule 110; Fed. R. Civ. P. 10 | 41(b). 11 IT IS SO ORDERED. 12 | Dated: February 9, 2023 rl AS SENIOR UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28