1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARVIN HARRIS, Case No. 1:24-cv-00139-KES-CDB (PC)

10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 11 v. ACTION WITHOUT PREJUDICE FOR FAILURE TO OBEY A COURT ORDER, 12 S. RODRIGUEZ, et al., FAILURE TO COMPLY WITH LOCAL RULES, AND FAILURE TO PROSECUTE 13 Defendants. (Doc. 6) 14 15 16 17 Plaintiff Marvin Harris is a state prisoner proceeding pro se in this civil rights action filed 18 pursuant to

. Doc. 1. As of the date of this order, plaintiff has neither paid the 19 $405 filing fee nor filed a motion to proceed in forma pauperis, despite being directed by the 20 court to do so. 21 On February 12, 2024, the assigned magistrate judge ordered plaintiff to, within 45 days, 22 either submit a completed application to proceed in forma pauperis or pay the $405 filing fee for 23 this action. Doc. 3, hereinafter the “February 12 Order”. The magistrate judge informed plaintiff 24 that failure to comply with this order would result in dismissal of this action.

25 On February 26 and February 27, 2024, the previously-served prisoner case opening 26 documents and the Court’s February 12 Order were returned as undeliverable. The magistrate 27 judge conducted a review of the online inmate locator for the California Department of 1 | Court to re-serve copies of the case opening documents and the February 12 Order to plaintiff at 2 | California Men’s Colony, CDCR No. D99649, P.O. Box 8103, San Luis Obispo, CA 93409- 3 | 8103. Doc. 4. Following service on plaintiff, the two filings were once again returned as 4 | undeliverable. 5 On May 15, 2024, the magistrate judge issued findings and recommendations to dismiss 6 | the action for plaintiff's failure to prosecute and obey the court’s orders and because plaintiff had 7 | failed to update his address within 63 days, as required by Local Rule 183(b). Doc. 6. The court 8 | served the findings and recommendations on plaintiff and informed him that any objections were 9 | due within 14 days. Jd. at5. More than 14 days have passed, and plaintiff has not filed any 10 | objections — indeed, the findings and recommendations were returned marked “Undeliverable — 11 || Return to Sender.” The findings and recommendations advised plaintiff that failure to file 12 | objections within the specified time may result in the waiver of rights on appeal. /d. (citing 13 | Wilkerson v. Wheeler,

(9th Cir. 2014)). 14 In accordance with

(b)(1), this court has conducted a de novo review of 15 | this case. Having carefully reviewed the file, the court concludes that the findings and 16 || recommendations are supported by the record and by proper analysis. 17 Based upon the foregoing, the court ORDERS: 18 1. The findings and recommendations issued on May 15, 2024 (Doc. 6), are adopted in 19 full; 20 2. This action is DISMISSED without prejudice for plaintiffs failure to obey a court 21 order, comply with the Local Rules, and prosecute this action; and 22 3. The Clerk of Court is directed to CLOSE this case. 23 24 95 | IT ISSO ORDERED. _ 26 Dated: _ August 23, 2024 4h 37 UNITED STATES DISTRICT JUDGE

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