O'Dell v. Lee et al

Filing 7

ORDER Adopting Findings and Recommendation, signed by Judge Oliver W. Wanger on 10/27/2010. CASE CLOSED.(Verduzco, M)

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O'Dell v. Lee et al Doc. 7 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 PATRICK O'DELL, 9 10 Plaintiff, 11 v. 12 TERRY LEE, et al., 13 14 Defendants. 15 16 Plaintiff Patrick O'Dell ("Plaintiff"), appearing pro se and proceeding in forma pauperis, 17 filed this action on November 2, 2009. 18 On July 29, 2010, the Magistrate Judge issued Findings and Recommendation that 19 the action be DISMISSED for Plaintiff's failure to prosecute. The Findings and 20 Recommendation was served on all parties and contained notice that any objections were to be 21 filed within thirty (30) days. On August 19, 2010, the Findings and Recommendation was 22 returned to the Court by the United States Postal Service. The envelope was marked, 23 "Undeliverable, Out of custody." 24 Local Rule 183(b) requires that a party proceeding pro se notify the Court of a current 25 address within 63 days of the date on which mail is returned to the Court. Sixty-three days have 26 passed and Plaintiff has not been in contact with the Court. 27 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09cv01921 OWW DLB ORDER ADOPTING FINDINGS AND RECOMMENDATION (Document 6) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In accordance with the provisions of 28 U.S.C. 636 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendation is supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations dated July 29, 2010, is ADOPTED IN FULL; and 2. The action is DISMISSED. This terminates this action in its entirety. IT IS SO ORDERED. Dated: October 27, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2

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