Hood v. Maricopa County Jails et al
Filing
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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)
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NOT FOR PUBLICATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Randy Buck Hood,
No. CV-15-01916-PHX-JJT
Plaintiff,
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v.
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ORDER
Maricopa County Jails, et al.,
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Defendants.
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At issue is the Report and Recommendation (R&R) submitted in this matter by
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Magistrate Judge Deborah M. Fine on February 19, 2016. (Doc. 10.) In the R&R, Judge
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Fine recommended that the Court dismiss this matter without prejudice because Plaintiff
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failed to comply with LR. Civ. 83.3(d), which required him to file a notice of change of
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address within seven days after the effective date of the change, by not informing the
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Court or the remaining Defendant of any forwarding address after his release from
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custody. The time to object to the R&R has expired and Plaintiff failed to object to the
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recommendation, which entitles the Court to treat Plaintiff as assenting to the adoption of
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the R&R. But even upon an independent review of the R&R on the merits, the Court
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concludes it is appropriate to dismiss the case. As a practical matter, because of
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Plaintiff’s failure to provide a current address or to participate in the litigation, the Court
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has no way to contact Plaintiff to inform him of the progress of the case or to otherwise
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ensure that orders it issues in order to manage the progress of this matter reach Plaintiff
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so he might comply with them.
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Judge Fine correctly recommends that the matter should be dismissed without
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prejudice, as this is the least severe sanction available to address the practical effects of
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Plaintiff’s failure to comply with the rules.
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IT IS ORDERED 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.
Dated this 25th day of April, 2016.
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Honorable John J. Tuchi
United States District Judge
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