(PC) Miller v. Hollison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH LEE MILLER, No. 2:21-cv-01700 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 SAM HOLLISON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 2, 2023, the magistrate judge filed findings and recommendations, which 21 were served on all parties, and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 1 || supported by the record and by the proper analysis. The court finds the magistrate judge’s 2 | findings and recommendations are further supported by the following developments in this case: 3 | 1) plaintiff filed of a notice of change of address in a separate case, see Notice, Miller v. Lynch, 4 | No. 23-02145 (E.D. Cal. Oct. 2, 2023), ECF No. 6, but not in this case; and 2) despite the 5 || findings and recommendations and the magistrate judge’s prior order having been re-served to 6 || plaintiff at the updated address, as listed in Case No. 23-2145, plaintiff has not responded. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed October 02, 2023, are adopted in full; 9 2. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b); 10 || and 11 3. The Clerk of Court is directed to close this case. 12 | DATED: December 28, 2023. 14 CHIEF ED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28