Bonuelos v. Hanford Elementary School District et al

Filing 11

ORDER ADOPTING 10 Findings and Recommendations and Dismissing Action, With Prejudice, Based on Plaintiff's Failure to Obey a Court Order, This Court's Local Rules and Failure to Prosecute signed by District Judge Dale A. Drozd on 11/17/2020. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BONUELOS,
Plaintiff,

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v.

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HANFORD ELEMENTARY SCHOOL
DISTRICT, et al.,

No. 1:19-cv-01764-NONE-SKO
ORDER ADOPTING FINDINGS AND
RECOMMENDATION TO DISMISS WITH
PREJUDICE FOR PLAINTIFF’S FAILURE
TO OBEY COURT ORDER AND
FAILURE TO PROSECUTE
(Doc. No. 10)

Defendants.

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On December 19, 2019, Plaintiff Robert Bonuelos, proceeding pro se, filed the complaint

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in this case against Defendants. (Doc. No. 1.) Plaintiff also filed a motion to proceed in forma

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pauperis, which was granted on December 23, 2019. (Doc. Nos. 2 & 3.)

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On March 30, 2020, the assigned magistrate judge issued a screening order finding that

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plaintiff’s complaint failed to state any cognizable claims and granting leave until April 27, 2020,

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for plaintiff to file an amended complaint. (Doc. No. 5.) Plaintiff filed a request for an extension

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of time to file his amended complaint, and the court granted the request and allowed plaintiff until

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May 25, 2020, to file his amended complaint. (Doc. Nos. 7 & 8.) Plaintiff failed to file an

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amended complaint or otherwise respond to the court’s screening order.

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On July 1, 2020, an order issued for plaintiff to show cause (“OSC”) within twenty-one

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days why the action should not be dismissed for his failure to comply with the court’s March 30,

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2020 screening order. (Doc. No. 9.) When served at plaintiff’s address of record, the OSC was

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returned as undeliverable on July 10, 2020. Local Rule 183(b) provides that:

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A party appearing in propria persona shall keep the Court and opposing parties
advised as to his or her current address. If mail directed to a plaintiff in propria
persona by the Clerk is returned by the U.S. Postal Service, and if such plaintiff
fails to notify the Court and opposing parties within sixty-three (63) days
thereafter of a current address, the Court may dismiss the action without prejudice
for failure to prosecute.

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L.R. 183(b). More than sixty-three days lapsed since the OSC was returned as undeliverable and

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plaintiff did not contact the court to request an extension or to otherwise explain any

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circumstances that may be preventing him from complying with the OSC.

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On September 24, 2020, the assigned magistrate judge issued findings and recommended

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that the case be dismissed with prejudice for failing to comply with the court’s orders and for

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failure to prosecute this action. (Doc. No. 10.) Plaintiff was granted twenty-one (21) days in

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which to file objections to the findings and recommendation. (Id.) The order was returned as

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undeliverable (see Docket) and no objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds that the

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findings and recommendation are supported by the record and proper analysis.
ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendation issued September 24, 2020 (Doc. No. 10), are
ADOPTED IN FULL;

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This action is DISMISSED WITH PREJUDICE based on Plaintiff’s failure to obey

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a court order, this court’s local rules, and failure to prosecute this action; and

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3.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

November 17, 2020
UNITED STATES DISTRICT JUDGE

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