(PC) Blackwell v. Tsui et al, No. 2:2021cv02207 - Document 30 (E.D. Cal. 2023)
Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 12/21/23 ADOPTING in full 29 Findings and Recommendations and DISMISSING this action without prejudice for failure to prosecute. CASE CLOSED (Kastilahn, A)
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(PC) Blackwell v. Tsui et al Doc. 30 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRADLEY BLACKWELL, 12 Plaintiff, 13 14 No. 2:21-cv-02207 KJM AC P v. ORDER DAVID TSUI, et al., 15 Defendants. 16 On November 1, 2023, the magistrate judge filed findings and recommendations, which 17 18 were served on all parties and which contained notice to all parties that any objections to the 19 findings and recommendations were to be filed within fourteen days. ECF No. 29. Neither party 20 has filed objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United States, 21 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 1, 2023 (ECF No. 29), are adopted 3 in full; 4 5 6 7 2. This action is dismissed without prejudice for failure to prosecute. See L.R. 183(b); and 3. The Clerk of the Court is directed to close this case. DATED: December 21, 2023. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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