(PC) Moore v. Eaton et al
ORDER ADOPTING 9 Findings and Recommendations and DISMISSING Action Without Prejudice for to Obey a Court Order, Failure to Comply with Local Rules, and Failure to Prosecute, signed by District Judge Jennifer L. Thurston on 1/18/2023. CASE CLOSED. (Rivera, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHAVIEON LEWIS MOORE,
PATRICK EATON, et al.,
Case No. 1:21-cv-00892-JLT-CDB (PC)
ORDER ADOPTING FINDINGS AND
DISMISSING ACTION WITHOUT
PREJUDICE FOR TO OBEY A COURT
ORDER, FAILURE TO COMPLY WITH
LOCAL RULES, AND FAILURE TO
Clerk of Court to close the case.
Chavieon Lewis Moore is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action filed under 42 U.S.C. § 1983. This matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 6, 2022, the Court entered an order of reassignment. (Doc. 7.) The order was
returned as “Undeliverable, Return to Sender, Discharged, Not Deliverable as Addressed, Unable
to Forward.” Plaintiff failed to update his address within sixty-three days as required by Local
Rule of 183(b) and the Court’s first informational order. L.R. 183(b); (Doc. 3.)
On December 28, 2022, the assigned magistrate judge issued findings and
recommendations to dismiss this action without prejudice for failure to obey a court order, failure
to comply with the local rules, and failure to prosecute.1 (Doc. 9.) The Court advised that Plaintiff
could file objections to the findings and recommendations within fourteen days. (Id.) Plaintiff did
not file objections, and the time to do so has passed.
According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this
case. Having carefully reviewed the entire file, the Court finds the findings and recommendations
to be supported by the record and proper analysis. Thus, the Court ORDERS:
adopted in full;
This action is DISMISSED WITHOUT PREJUDICE for failure to obey a court
order, failure to comply with the local rules, and failure to prosecute; and
The findings and recommendations issued on December 28, 2022, (Doc. 9), are
The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
January 18, 2023
The findings and recommendations were also returned as “Undeliverable, Refused – Unable to
Forward.” Pursuant to Local Rule 182(f), if a pro se party fails to notify the court of a change of address,
“service of documents at the prior address [of record] of the . . . party shall be fully effective.” L.R. 182(f).
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