(PC) Ross v. CDCR ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MALCOLM RAY ROSS, Case No. 2:23-cv-01920-KJM-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 CDCR, et al., 15 Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 12, 2024, the magistrate judge filed findings and recommendations, which were 21 served on plaintiff, and which contained notice to plaintiff that any objections to the findings and 22 recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the 23 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 ///// ] The court presumes that any findings of fact are correct. See Orand v. United States, 2 | 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 3 || denovo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 4 | by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 5 || ....”). Having reviewed the file, the court finds the findings and recommendations to be 6 || supported by the record and by the proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations, filed July 12, 2024, are adopted in full; 9 2. This action is dismissed without prejudice for failure to prosecute and failure to 10 || comply with court orders for the reasons set forth in the March 18, 2024 order; and 11 3. The Clerk of Court is directed to close the case. 12 | DATED: September 4, 2024. 14 13 CHIEF ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28