Hood v. Maricopa County Jails et al

Filing 12

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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1 NOT FOR PUBLICATION 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Randy Buck Hood, No. CV-15-01916-PHX-JJT Plaintiff, 10 11 v. 12 ORDER Maricopa County Jails, et al., 13 Defendants. 14 15 At issue is the Report and Recommendation (R&R) submitted in this matter by 16 Magistrate Judge Deborah M. Fine on February 19, 2016. (Doc. 10.) In the R&R, Judge 17 Fine recommended that the Court dismiss this matter without prejudice because Plaintiff 18 failed to comply with LR. Civ. 83.3(d), which required him to file a notice of change of 19 address within seven days after the effective date of the change, by not informing the 20 Court or the remaining Defendant of any forwarding address after his release from 21 custody. The time to object to the R&R has expired and Plaintiff failed to object to the 22 recommendation, which entitles the Court to treat Plaintiff as assenting to the adoption of 23 the R&R. But even upon an independent review of the R&R on the merits, the Court 24 concludes it is appropriate to dismiss the case. As a practical matter, because of 25 Plaintiff’s failure to provide a current address or to participate in the litigation, the Court 26 has no way to contact Plaintiff to inform him of the progress of the case or to otherwise 27 ensure that orders it issues in order to manage the progress of this matter reach Plaintiff 28 so he might comply with them. 1 Judge Fine correctly recommends that the matter should be dismissed without 2 prejudice, as this is the least severe sanction available to address the practical effects of 3 Plaintiff’s failure to comply with the rules. 4 5 6 7 8 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. 9 10 11 Honorable John J. Tuchi United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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