Bell v. Martel et al

Filing 111

ORDER signed by Senior Judge Morrison C. England, Jr., on 2/9/23 ADOPTING in full 110 Findings and Recommendations and DISMISSING this action without prejudice. CASE CLOSED (Kastilahn, A)

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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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Plaintiff,

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No. 2:17-cv-00063-MCE-CKD

v.

ORDER

MICHAEL MARTEL, et al,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 18, 2023, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections

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thereto were to be filed within fourteen days. ECF No. 110. Neither party has filed objections to

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the findings and recommendations.
Although it appears from the file that plaintiff’s copy of the findings and

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recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to

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keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service

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of documents at the record address of the party is fully effective.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having

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reviewed the file, the Court finds the findings and recommendations to be supported by the record

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and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 18, 2023, ECF No. 110, are

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ADOPTED in full; and

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2. This action is DISMISSED without prejudice. See Local Rule 110; Fed. R. Civ. P.
41(b).
IT IS SO ORDERED.
Dated: February 9, 2023

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