Scheerlinck v. Orange County Sheriff's Dept.

United States District Court for the Central District of California

Scheerlinck v. Orange County Sheriff's Dept.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 PETER SCHEERLINCK, ) No. SA CV 16-1012-JVS (PLA) ) 13 Plaintiff, ) ORDER ACCEPTING FINDINGS, ) CONCLUSIONS, AND 14 v. ) RECOMMENDATIONS OF UNITED ) STATES MAGISTRATE JUDGE 15 ORANGE COUNTY SHERIFF’S DPET., ) et al., ) 16 ) Defendants. ) 17 ) 18 On October 8, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R” 19 (ECF No. 142)), recommending that the action be dismissed for plaintiff’s failure to prosecute and 20 to follow court orders and noting that plaintiff had not communicated with the Court since 21 September 13, 2018. (R&R at 3). Since that date, on October 21, 2019, and October 23, 2019, 22 mail from the Court addressed to plaintiff at his address of record has been returned as “Not 23 Deliverable”/“Unable to Forward.” (ECF Nos. 143, 144). Failure to inform the Court of a change 24 of address during the pendency of an action provides the Court with another ground for dismissal 25 for failure to prosecute. Carey v. King,

856 F.2d 1439, 1440-41

(9th Cir. 1988); Local Rule 41-6 26 (stating that failure to inform the Court of a current address in and of itself warrants dismissal with 27 or without prejudice for lack of prosecution). 28 1 Pursuant to

28 U.S.C. § 636

, the Court has reviewed the Fifth Amended Complaint, all the 2|| records and files herein, and the Magistrate Judge’s Report and Recommendation. The Court accepts the recommendations of the Magistrate Judge. 4 ACCORDINGLY, IT IS ORDERED: 5 1. The Report and Recommendation is approved and accepted. 6 2. Judgment shall be entered consistent with this Order. 7 3. The clerk shall serve this Order and the Judgment on all counsel or parties of record.

9 (7 ( S / Ie □ 10 | DATED: November 1, 2019 v / HONORABLE JAMES V. SELNA 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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