Wilson v. Arpaio

Filing 10

ORDER, agreeing with the Magistrate Judge's 8 Report and Recommendation and dismissing this case without prejudice. Signed by Judge Frederick J Martone on 3/8/11. (REW)

Wilson v. Arpaio

Doc. 10

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Andrew James Wilson, Plaintiff, vs. Joseph M. Arpaio, et al., Defendant.

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No. CV-10-1330-PHX-FJM ORDER

The court has before it the Report and Recommendation of the United States 16 Magistrate Judge recommending that this action be dismissed for failure to prosecute (doc. 17 8). Plaintiff has not objected. 18 While incarcerated at the Maricopa County Tent City Jail, plaintiff filed a complaint 19 against Maricopa County Sheriff Joseph Arpaio, alleging the conditions of his confinement 20 were unconstitutional (doc. 1). On July 2, 2010, we ordered plaintiff to complete and return 21 a service packet within 21 days (doc. 5). That order was returned as undeliverable because 22 plaintiff had been released (doc. 7). Plaintiff has not completed the service packet or notified 23 the court of a change in mailing address. 24 We agree with the Magistrate Judge that plaintiff's failure to prosecute his case 25 warrants dismissal. See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 629, 26 82 S.Ct. 1386, 1388 (1962) (court has authority to dismiss sua sponte for lack of 27 prosecution). The filing instructions that accompany the complaint form provided to plaintiff 28

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state, "Failure to notify the Court of any change in your mailing address may result in the dismissal of your case." Plaintiff ignored these instructions, and his failure to update his contact information renders lesser sanctions unavailable, as the court has no way to contact plaintiff. Therefore, IT IS ORDERED DISMISSING Wilson v. Arpaio, No. CV-10-1330PHX-FJM, without prejudice (doc. 1). DATED this 8th day of March, 2011.

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