(PC) Hadley v. Mendes et al

Filing 13

ORDER ADOPTING 12 Findings and Recommendations and DISMISSING the Action Without Prejudice signed by District Judge Jennifer L. Thurston on 5/18/2023. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LORENZO HADLEY, 12 Plaintiff, 13 v. 14 S. MENDES, et al., 15 Case No. 1:22-cv-0093 JLT SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THE ACTION WITHOUT PREJUDICE (Doc. 12) Defendants. 16 The magistrate judge found Plaintiff failed to obey Courts orders, failed to keep the Court 17 18 apprised of his current address, and failed to prosecute this action. (Doc. 12.) Therefore, the 19 magistrate judge recommended the action be dismissed without prejudice. (Id. at 4.) The Court served the Findings and Recommendations on Plaintiff by mail at the only 20 21 address on record, and informed Plaintiff that he had fourteen days to file any objections. (Doc. 22 12 at 4.) The Findings and Recommendations were returned marked “Undeliverable, Inactive, 23 Refused, [Return to Sender], Unable to Forward” on May 4, 2023. Notably, all Court mail has 24 been returned as undeliverable since March 14, 2023.1 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 25 26 1 27 28 Local Rule 183(b) requires individuals to keep the Court informed of a current mailing address. Pursuant to Local Rule 183(b), “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.” Because more than 63 days have passed since the mail was first returned, dismissal is also appropriate for failure to comply with the Local Rule. 1 case. Having carefully reviewed the entire matter, the Court concludes the Findings and 2 Recommendations to be supported by the record and proper analysis. Thus, the Court ORDERS: 3 1. 4 The Findings and Recommendations issued April 19, 2023 (Doc. 12) are ADOPTED in full. 5 2. The action is DISMISSED without prejudice. 6 3. The Clerk of Court is directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: May 18, 2023 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?