1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IBN HAQQ, Case No. 1:20-cv-01547 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 MARGARET MIMS, et al., CLOSE THIS CASE 15 Defendants. (Doc. 30) 16 17 Ibn Haqq, a former county jail inmate, sought to hold the defendants liable for violations 18 of his civil rights while housed at the Fresno County Jail. (See generally Doc. 27.) After the 19 Court issued orders screening Plaintiff’s second amended complaint (Doc. 28) and directing 20 Plaintiff to submit service documents (Doc. 29), the U.S. Postal Service returned the Court’s 21 orders marked “Undeliverable, Return to Sender, Not in Custody, Unable to Forward” on May 22 23, 2025. The magistrate judge determined that Plaintiff failed to prosecute the action and failed 23 to comply with the Court’s order. (Doc. 30 at 2.) The magistrate judge found terminating 24 sanctions are appropriate, after considering the factors identified by the Ninth Circuit in Malone 25 v. United States Postal Service,

(9th Cir. 1987). (Id. at 2-4.) Therefore, the 26 magistrate judge recommended the Court dismiss the action without prejudice. (Id. at 5.) 27 The Court served the Findings and Recommendations on Plaintiff and notified him that 28 any objections were due within 30 days. (Doc. 30 at 5.) Although the Court served the Findings 1 | and Recommendations on Plaintiff at the only address on record, the Postal Service again 2 | returned the mail as “Undeliverable, Not in Custody” on July 24, 2025. Nevertheless, the Court’s 3 || service is deemed fully effective pursuant to Local Rule 182(f). 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. Thus, the Court ORDERS: 7 1. The Findings and Recommendations issued on July 7, 2025 (Doc. 30) are 8 ADOPTED in full. 9 2. The action is DISMISSED without prejudice. 10 3. The Clerk of Court is directed to close the case. 11 b IT IS SO ORDERED. 13 | Dated: _July 29, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28