(PC) Magana v. CSP Solano CDCR

United States District Court for the Eastern District of California

(PC) Magana v. CSP Solano CDCR

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN A. MAGANA, No. 2:23-cv-2007 DJC AC P 12 Plaintiff, 13 v. ORDER 14 CSP SOLANO CDCR, et al., 15 Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action 18 seeking relief under

42 U.S.C. § 1983

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

28 U.S.C. § 636

(b)(1)(B) and Local Rule 302. 20 On April 9, 2025, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. ECF No. 18. Neither party filed objections to the findings and 24 recommendations. 25 Although it appears from the file that Plaintiff’s copy of the findings and 26 recommendations was returned, plaintiff was properly served. It is the Plaintiff’s 27 responsibility to keep the Court apprised of his current address at all times. Pursuant 28 to Local Rule 182(f), service of documents at the record address of the party is fully 1 | effective. Indeed, the fact that the copy of the Magistrate Judge’s findings and 2 | recommendations were returned indicate a continuing failure to abide by the 3 | requirement that Plaintiff keep the Court apprised of his current address. See L. R. 4 | 183(b). 5 The Court has reviewed the file and finds the findings and recommendations to 6 | be supported by the record and by the Magistrate Judge's analysis. Moreover, 7 | having considered the factors described in Ferdik v. Bonzelet,

963 F.2d 1258

, 1260 8 | (9th Cir. 1992) the Court finds that dismissal is appropriate. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The findings and recommendations (ECF No. 18) are adopted in full; 11 2. This action is dismissed without prejudice for failure to prosecute; and 12 3. The Clerk of the Court is directed to close this case. 13 14 IT IS SO ORDERED. 15 | Dated: _May 23, 2025 “Darel A Ch brett Hon. Daniel alabretta 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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