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)

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Case 2:17-cv-00063-MCE-CKD Document 110 Filed 01/18/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL XAVIER BELL, 12 13 14 15 No. 2:17-cv-00063-MCE-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL MARTEL, et al., Defendants. 16 17 By order filed December 20, 2022, plaintiff was ordered to show cause, within twenty-one 18 days, why he has failed to update his mailing address upon his release from custody, and to sign 19 and return the dispositional documents that were mailed to him. ECF No. 109. Plaintiff was 20 warned that failure to respond to the order to show cause would result in a recommendation that 21 this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The 22 twenty-one day period has now expired, and plaintiff has not responded to the court’s order. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 Case 2:17-cv-00063-MCE-CKD Document 110 Filed 01/18/23 Page 2 of 2 1 and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: January 18, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/bell0063.fsc 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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