(PC) Gray v. Higgins ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD EUGENE GRAY, JR., No. 2:22-CV-0555-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 HIGGINS, et al., 15 Defendants. 16 17 Plaintiff, a federal prisoner proceeding pro se, brings this civil rights action. The 18 matter was referred to a United States Magistrate Judge as provided by Eastern District of 19 California local rules. 20 On November 2, 2022, the Magistrate Judge filed findings and recommendations, 21 which were served on the parties and which contained notice that the parties may file objections 22 within the time specified therein. No objections to the findings and recommendations have been 23 filed.1 24 The court presumes that any findings of fact are correct. See Orand v. United 25 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 1 Although it appears from the file that plaintiff’s copy of the findings and recommendations 27 was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents 28 at the record address of the party is fully effective. 1 || reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations 2 || of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] 3 || court....”). Having reviewed the file, the court finds the findings and recommendations to be 4 || supported by the record and by the proper analysis, and finds dismissal for lack of prosecution 5 || sufficient to resolve the case at this time. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed November 2, 2022, are adopted in 8 | full; 9 2. This action is dismissed without prejudice for lack of prosecution and 10 | failure to comply with court rules and orders; and 11 3. The Clerk of the Court is directed to enter judgment and close this file. 12 | DATED: January 24, 2023. 13 14 ee 15 CHIEF ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28