1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN HARRIS, Case No. 1:23-cv-01677 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THIS 13 v. ACTION FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDERS AND FAILURE TO 14 BYAN D. PHILLIPS, PROSECUTE, AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 15 Defendant. (Doc. 7) 16 17 Plaintiff initiated this action pursuant to

, seeking to hold the defendant 18 liable for violations of his civil rights. (See Doc. 1.) However, Plaintiff did not pay the filing fee 19 when he filed the complaint. Therefore, the Court ordered Plaintiff to pay the filing fee or file an 20 application to proceed in forma pauperis within 45 days. (Doc. 3.) After Plaintiff failed to pay 21 the filing fee or otherwise respond to the Court’s order, the magistrate judge issued an order 22 directing Plaintiff to show cause why the action should not be dismissed. (Doc. 5.) The U.S. 23 Postal Service returned the order as undeliverable on February 16, 2024. 24 The magistrate judge found Plaintiff failed to obey the Court’s order and failed to 25 prosecute this action. (Doc. 7 at 1, 2.) The magistrate judge considered the factors set forth by 26 the Ninth Circuit in Henderson v. Duncan,

(9th Cir. 1986), and found 27 terminating sanctions were appropriate. (See Doc. 7 at 2-3.) Therefore, the magistrate judge 28 recommended the action be dismissed without prejudice. 1 The Court served the Findings and Recommendations on Plaintiff at the address of record. 2 | However, the Postal Service also returned the Findings and Recommendations as undeliverable 3 | on March 6, 2024. 4 According to

(b)(1), this Court performed a de novo review of this case. 5 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 6 || are supported by the record and proper analysis. Moreover, Plaintiff failed to comply with Local 7 | Rule 183(b) which requires him to keep the Court informed of a proper mailing address. 8 || Specifically, the Rule provides: “If mail directed to a plaintiff in propria persona by the Clerk is 9 | returned by the U.S. Postal service, and if such plaintiff fails to notify the Court and opposing 10 | parties within sixty-three (63) days thereafter of a current address, the Court may dismiss the 11 || action without prejudice for failure to prosecute.” Dismissal is also appropriate for Plaintiff's 12 | failure to comply with Local Rule 183(b). See e.g., Henderson,

(dismissal for 13 | failure to prosecute and failure to comply with local rules). Thus, the Court ORDERS: 14 1. The Findings and Recommendations issued on February 27, 2024 (Doc. 7) are 15 ADOPTED in full. 16 2. This action is DISMISSED without prejudice. 17 3. The Clerk of Court is directed to close this case. 18 19 IT IS SO ORDERED. 29 | Dated: _April 29, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28