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)

Case 3:16-cv-01665-JAH-AGS Document 128 Filed 10/20/22 PageID.1177 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARCUS D. BRICENO,

Case No.: 3:16-cv-01665-JAH-AGS
Plaintiff,

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v.

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BLAKE WILLIAMS SAN DIEGO
POLICE OFFICER; CHRIS
CUMMINGS, SAN DIEGO POLICE
OFFICER,

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ORDER ADOPTING THE REPORT
AND RECOMMENDATION AND
DISMISSING CASE IN ITS
ENTIRETY

Defendants.

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On August 22, 2022, Defendant Officer Blake Williams (“Defendant”) filed an Ex

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Parte Motion to Vacate the Deadline for the Parties to Submit a Proposed Trial Schedule

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and to Set a Status Conference. (ECF No. 123). Defendant’s motion states that although

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Plaintiff has been released from custody, he has absconded from probation and Defendant

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has otherwise been unable to contact Plaintiff. (Id.) Magistrate Judge Andrew G. Schloper

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granted Defendant’s motion and set a telephonic status conference. (ECF No. 124).

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Plaintiff did not appear for the status conference, and to date, has not updated his mailing

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address. See CivLR 83.11.b (“If mail directed to a pro se plaintiff by the clerk at the

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plaintiff’s last designated address is returned by the Post Office, and if such plaintiff fails

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to notify the court and the opposing parties within 60 days thereafter of the plaintiff’s
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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

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current address, the court may dismiss the action without prejudice for failure to

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prosecute.”).

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Recommendation recommending that this case be dismissed for failure to prosecute.

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Defendant filed a Notice of Non-Opposition. (ECF No. 127).

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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.

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DATED: October 20, 2022

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_________________________________
JOHN A. HOUSTON
UNITED STATES DISTRICT JUDGE

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