Briceno v. Williams et al

Filing 128

ORDER Adopting the Report and Recommendation and DISMISSING CASE in its Entirety. Signed by Judge John A. Houston on 10/20/2022.(All non-registered users served via U.S. Mail Service)(smy1)

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Case 3:16-cv-01665-JAH-AGS Document 128 Filed 10/20/22 PageID.1177 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARCUS D. BRICENO, Case No.: 3:16-cv-01665-JAH-AGS Plaintiff, 12 13 v. 14 BLAKE WILLIAMS SAN DIEGO POLICE OFFICER; CHRIS CUMMINGS, SAN DIEGO POLICE OFFICER, 15 16 17 ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING CASE IN ITS ENTIRETY Defendants. 18 19 On August 22, 2022, Defendant Officer Blake Williams (“Defendant”) filed an Ex 20 Parte Motion to Vacate the Deadline for the Parties to Submit a Proposed Trial Schedule 21 and to Set a Status Conference. (ECF No. 123). Defendant’s motion states that although 22 Plaintiff has been released from custody, he has absconded from probation and Defendant 23 has otherwise been unable to contact Plaintiff. (Id.) Magistrate Judge Andrew G. Schloper 24 granted Defendant’s motion and set a telephonic status conference. (ECF No. 124). 25 Plaintiff did not appear for the status conference, and to date, has not updated his mailing 26 address. See CivLR 83.11.b (“If mail directed to a pro se plaintiff by the clerk at the 27 plaintiff’s last designated address is returned by the Post Office, and if such plaintiff fails 28 to notify the court and the opposing parties within 60 days thereafter of the plaintiff’s 1 3:16-cv-01665-JAH-AGS Case 3:16-cv-01665-JAH-AGS Document 128 Filed 10/20/22 PageID.1178 Page 2 of 2 1 current address, the court may dismiss the action without prejudice for failure to 2 prosecute.”). 3 Recommendation recommending that this case be dismissed for failure to prosecute. 4 Defendant filed a Notice of Non-Opposition. (ECF No. 127). 5 6 7 On October 3, 2022, the magistrate judge submitted a Report and Accordingly, the Court ADOPTS the Report and Recommendation and dismisses the above-captioned in its entirety case without prejudice for a failure to prosecute. IT IS SO ORDERED. 8 9 DATED: October 20, 2022 10 11 12 13 _________________________________ JOHN A. HOUSTON UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:16-cv-01665-JAH-AGS

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