Dean v. Sisolak
Dean v. Sisolak
Trial Court Opinion
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2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * * 6 SEAN MAURICE DEAN, Case No. 3:22-cv-00085-MMD-CLB
7 Plaintiff, ORDER v. 8 STEVE SISOLAK, et al., 9 Defendants. 10 11 Pro se Plaintiff Sean Maurice Dean brings this action against Defendants under 42
12 U.S.C. § 1983. (ECF No. 4.) Before the Court is the Report and Recommendation (“R&R”) 13 of United States Magistrate Judge Carla L. Baldwin, recommending that the Court dismiss 14 the case for Plaintiff’s failure to update his address. (ECF No. 30.) Plaintiff’s objection to 15 the R&R was due July 20, 2023. To date, Plaintiff has not objected to the R&R. For this 16 reason, and as explained below, the Court adopts the R&R in full and dismisses this case 17 without prejudice. 18 Because there was no objection, the Court need not conduct de novo review, and 19 is satisfied that Judge Baldwin did not clearly err. See United States v. Reyna-Tapia, 328
20 F.3d 1114, 1116(9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 21 recommendations is required if, but only if, one or both parties file objections to the 22 findings and recommendations”) (emphasis in original). Judge Baldwin previously 23 ordered Plaintiff to update his address by July 5, 2023, because the Court’s mailings to 24 Elko County Jail were “undeliverable” since Plaintiff was no longer in custody. (ECF Nos. 25 28, 29.) In that order, Judge Baldwin also warned Plaintiff that his failure to update his 26 address by the deadline might result in dismissal of the case. (ECF No. 29.) See LR IA 27 3-1 (requiring pro se litigants to keep the Court apprised of their address, or face 1 || has not filed his updated address, requested an extension, or otherwise responded to 2 || Judge Baldwin’s order or R&R. Accordingly, the Court adopts Judge Baldwin’s R&R in 3 || full and dismisses the case without prejudice. See Thompson v. Hous. Auth. of City o1 4 || L.A.,
782 F.2d 829, 831(9th Cir. 1986); Malone v. U.S. Postal Serv.,
833 F.2d 128, 130 5 || (9th Cir. 1987). 6 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 7 || No. 30) is accepted and adopted in full. 8 It is further ordered that this case is dismissed without prejudice. 9 The Clerk of Court is directed to enter judgment accordingly and close this case. 10 DATED THIS 25! Day of July 2023.
12 MIRANDA M-DU— 13 CHIEF UNITED STATES DISTRICT JUDGE
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Reference
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