Hood v. Maricopa County Jails et al
ORDER - Adopting in whole Judge Fine's R&R (Doc. 10 ) and the reasoning therein. IT IS FURTHER ORDERED dismissing this matter without prejudice and instructing the Clerk to close it. Signed by Judge John J Tuchi on 04/25/16. (GAR)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Randy Buck Hood,
Maricopa County Jails, et al.,
At issue is the Report and Recommendation (R&R) submitted in this matter by
Magistrate Judge Deborah M. Fine on February 19, 2016. (Doc. 10.) In the R&R, Judge
Fine recommended that the Court dismiss this matter without prejudice because Plaintiff
failed to comply with LR. Civ. 83.3(d), which required him to file a notice of change of
address within seven days after the effective date of the change, by not informing the
Court or the remaining Defendant of any forwarding address after his release from
custody. The time to object to the R&R has expired and Plaintiff failed to object to the
recommendation, which entitles the Court to treat Plaintiff as assenting to the adoption of
the R&R. But even upon an independent review of the R&R on the merits, the Court
concludes it is appropriate to dismiss the case. As a practical matter, because of
Plaintiff’s failure to provide a current address or to participate in the litigation, the Court
has no way to contact Plaintiff to inform him of the progress of the case or to otherwise
ensure that orders it issues in order to manage the progress of this matter reach Plaintiff
so he might comply with them.
Judge Fine correctly recommends that the matter should be dismissed without
prejudice, as this is the least severe sanction available to address the practical effects of
Plaintiff’s failure to comply with the rules.
IT IS ORDERED adopting in whole Judge Fine’s R&R (Doc. 10) and the
IT IS FURTHER ORDERED dismissing this matter without prejudice and
instructing the Clerk to close it.
Dated this 25th day of April, 2016.
Honorable John J. Tuchi
United States District Judge
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