Bell v. Martel et al

Filing 99

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/06/21 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)

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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 Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL MARTEL, et al., Defendants. 16 17 By order filed April 13, 2021, plaintiff was ordered to show cause, within fourteen days, 18 why this action should not be dismissed based on his failure to update his address with the court. 19 Plaintiff was warned that failure to respond to the order to show cause would result in this action 20 being dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The elapsed time 21 period has now expired, and plaintiff has not responded to the court’s order. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Plaintiff is advised that failure to file objections within the 1 1 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: May 6, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 12/bell0063.fsc.nca.docx 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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