(PC) Watts v. Cardenas et al

Filing 18

ORDER signed by District Judge Daniel J. Calabretta on 05/10/2024 ADOPTING 17 Findings and Recommendations in full and DISMISSING this action without prejudice for failure to prosecute. See Local Rule 183(b). CASE CLOSED. (Nair, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNELL WATTS,

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No. 2:23-cv-01297-DJC-CKD (PC)

Plaintiff,
v.

ORDER

A. CARDENAS, et al.,

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Defendants.

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Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The 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 April 2, 2024, the Magistrate Judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within fourteen

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days. Neither party filed objections to the findings and recommendations.

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Although it appears from the file that Plaintiff’s copy of the findings and

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recommendations was returned, Plaintiff was properly served. It is the Plaintiff’s

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responsibility to keep the court apprised of his current address at all times. Pursuant

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to Local Rule 182(f), service of documents at the record address of the party is fully

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effective.
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The Court has reviewed the file and finds the findings and recommendations to

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be supported by the record and by the Magistrate Judge’s analysis. The Court

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observes that in addition to fact that court orders that were mailed to Plaintiff were

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returned as undeliverable, the Defendant was not able to contact Plaintiff in order to

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participate in court-ordered alternate dispute resolution. (ECF No. 15.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 17) are adopted in full.

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2. This action is dismissed without prejudice for failure to prosecute. See Local

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Rule 183(b).
3. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

May 10, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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12/watt1297.803

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