Bell v. Martel et al
Filing
110
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/18/2023 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these findings and recommendations. (Yin, K)
Case 2:17-cv-00063-MCE-CKD Document 110 Filed 01/18/23 Page 1 of 2
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL XAVIER BELL,
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No. 2:17-cv-00063-MCE-CKD P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
MICHAEL MARTEL, et al.,
Defendants.
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By order filed December 20, 2022, plaintiff was ordered to show cause, within twenty-one
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days, why he has failed to update his mailing address upon his release from custody, and to sign
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and return the dispositional documents that were mailed to him. ECF No. 109. Plaintiff was
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warned that failure to respond to the order to show cause would result in a recommendation that
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this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The
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twenty-one day period has now expired, and plaintiff has not responded to the court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings
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Case 2:17-cv-00063-MCE-CKD Document 110 Filed 01/18/23 Page 2 of 2
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and Recommendations.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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Dated: January 18, 2023
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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