(PC) Austin v. Bell

Filing 8

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/9/2020 ADOPTING 7 Findings and Recommendations in full and DISMISSING this action without prejudice for failure to prosecute. CASE CLOSED. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JOHN AUSTIN,

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No. 2:20-cv-1075 KJM KJN P

Plaintiff,

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v.

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DEVON BELL,

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ORDER

Defendant.

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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 as provided

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

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On June 26, 2020, the magistrate judge filed findings and recommendations, which were

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served on plaintiff and which contained notice to plaintiff that any objections to the findings and

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recommendations were to be filed within fourteen days. Plaintiff has not filed objections to the

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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,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 26, 2020, are adopted in full; and

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2. This action is dismissed without prejudice for failure to prosecute. See Local Rule

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183(b).

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DATED: September 9, 2020.

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