(PC) Moore v. Eaton et al

Filing 10

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHAVIEON LEWIS MOORE,

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Plaintiff,
v.
PATRICK EATON, et al.,
Defendants.

Case No. 1:21-cv-00892-JLT-CDB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND
DISMISSING ACTION WITHOUT
PREJUDICE FOR TO OBEY A COURT
ORDER, FAILURE TO COMPLY WITH
LOCAL RULES, AND FAILURE TO
PROSECUTE

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(Doc. 9)

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Clerk of Court to close the case.

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Chavieon Lewis Moore is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed under 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 6, 2022, the Court entered an order of reassignment. (Doc. 7.) The order was

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returned as “Undeliverable, Return to Sender, Discharged, Not Deliverable as Addressed, Unable

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to Forward.” Plaintiff failed to update his address within sixty-three days as required by Local

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Rule of 183(b) and the Court’s first informational order. L.R. 183(b); (Doc. 3.)

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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

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to comply with the local rules, and failure to prosecute.1 (Doc. 9.) The Court advised that Plaintiff

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could file objections to the findings and recommendations within fourteen days. (Id.) Plaintiff did

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not file objections, and the time to do so has passed.

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According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this

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case. Having carefully reviewed the entire file, the Court finds the findings and recommendations

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to be supported by the record and proper analysis. Thus, the Court ORDERS:

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adopted in full;

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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

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The findings and recommendations issued on December 28, 2022, (Doc. 9), are

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

January 18, 2023

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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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