Marsha Brandon v. Los Angeles County Sheriff Department et al

Filing 44

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Philip S. Gutierrez. The Court accepts and adopts the Magistrate Judge's Report and Recommendation. It is Ordered that Judgment shall be entered dismissing the action without prejudice. (Attachments: # 1 R&R) (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARSHA BRANDON,

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Plaintiff,
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v.
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LOS ANGELES COUNTY SHERIFF
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DEPARTMENT “DEPUTY MORALES,” )
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Defendant.
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______________________________)

NO. CV 13-7613-PSG(E)

REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE

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This Report and Recommendation is submitted to the Honorable

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Phillip S. Gutierrez, United States District Judge, pursuant to 28

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U.S.C. section 636 and General Order 05-07 of the United States

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District Court for the Central District of California.

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In this pro se civil rights action, the United States Court of

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Appeals for the Ninth Circuit filed a Memorandum on November 27, 2015,

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remanding the action to this Court for further proceedings.

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Ninth Circuit’s Mandate was filed on December 22, 2015.

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The

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On the same date, mail previously sent to Plaintiff at her

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address of record was returned to this Court undelivered.

Thus,

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Plaintiff evidently has failed to keep this Court apprised of her

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current address.

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prejudice.

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civil rights plaintiff’s failure to advise court of change in address

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warrants dismissal without prejudice); L.R. 41-6 (authorizing

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dismissal of an action fifteen days after the return of undelivered

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mail where a party proceeding pro se has failed to keep the court

Accordingly, this action should be dismissed without

See Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (pro se

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apprised of the pro se party’s current address); see also Fed. R. Civ.

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P. 41(b); Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962) (court has

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inherent power to achieve the orderly and expeditious disposition of

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cases by dismissing actions for failure to prosecute).

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For the foregoing reasons, IT IS RECOMMENDED that the Court issue

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an Order: (1) accepting and adopting this Report and Recommendation;

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and (2) directing that Judgment be entered dismissing the action

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without prejudice.

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DATED: January 7, 2016.

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/S/
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE

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NOTICE
Reports and Recommendations are not appealable to the Court of

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Appeals, but may be subject to the right of any party to file

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objections as provided in the Local Rules Governing the Duties of

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Magistrate Judges and review by the District Judge whose initials

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appear in the docket number.

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Federal Rules of Appellate Procedure should be filed until entry of

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the judgment of the District Court.

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No notice of appeal pursuant to the