(PC) Blackwell v. Tsui ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRADLEY BLACKWELL, No. 2:21-cv-02207 KJM AC P 12 Plaintiff, 13 v. ORDER 14 DAVID TSUI, et al., 15 Defendants. 16 17 On November 1, 2023, the magistrate judge filed findings and recommendations, which 18 were served on all parties and which contained notice to all parties that any objections to the 19 findings and recommendations were to be filed within fourteen days. ECF No. 29. Neither party 20 has filed objections to the findings and recommendations. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 ///// 28 ///// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 1, 2023 (ECF No. 29), are adopted 3 | in full; 4 2. This action is dismissed without prejudice for failure to prosecute. See L.R. 183(b); 5 || and 6 3. The Clerk of the Court is directed to close this case. 7 | DATED: December 21, 2023. 8 9 10 CHIEF STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28