(PC)Martin v. Bonilla

United States District Court for the Eastern District of California

(PC)Martin v. Bonilla

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JARED ANDREW MARTIN, ) Case No.: 1:22-cv-0810 JLT GSA (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMEMNDATIONS IN FULL, DISMISSING 13 v. ) THE ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK TO CLOSE THIS CASE 14 BONILLA, et al., ) ) (Doc. 11) 15 Defendants. ) ) 16 )

17 Jared Andrew Martin is a Madera County Jail inmate proceeding pro se and in forma pauperis 18 with this civil rights action filed pursuant to

42 U.S.C. § 1983

. The matter was referred to a United 19 States Magistrate Judge pursuant to

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On June 30, 2023, the magistrate judge found Plaintiff failed to prosecute this action, and 21 recommended the action be dismissed without prejudice. (Doc. 11 at 2-3.) The Findings and 22 Recommendations were served at the only known address for Plaintiff, and it notified him that any 23 objections were due no later than July 20, 2023. (Id. at 3.) However, the Findings and 24 Recommendations were also returned to the Court as undeliverable. To date, Plaintiff has neither 25 responded to the Court’s orders nor filed a notice of a change of address. 26 Pursuant to

28 U.S.C. § 636

(b)(1)(B) and Local Rule 304, the Court performed a de novo 27 review of this case. Having carefully reviewed the entire file, the Court concludes the Findings and 28 Recommendations are supported by the record and proper analysis. Pursuant to Local Rule 183(b), a 1 || notice of a change of address was due no later than June 19, 2023. Because Plaintiff failed to keep th 2 || Court informed of a proper mailing address, dismissal is also appropriate for his failure to comply wi 3 || Local Rule 183(b). See e.g., Ghazali v. Moran,

46 F.3d 52, 53-54

(9th Cir. 1995) (dismissal for 4 |)}noncompliance with a local rule); Carey v. King,

856 F.2d 1439, 1440-41

(9th Cir. 1988) (dismissal f 5 || failure to comply with the local rule requiring pro se plaintiffs to keep court apprised of address). Thu 6 || the Court ORDERS: 7 1. The Findings and Recommendations issued on June 30, 2023 (Doc. 11) are ADOPTE 8 in full. 9 2. This action is DISMISSED without prejudice. 10 3. The Clerk of Court is directed to close this case. 11 12 IS SO ORDERED. 13 || Dated: _ August 4, 2023 Charis [Tourn 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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