UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00074 Matthew Scott Hernandez, Plaintiff, v. Palestine Police Department, et al., Defendants. Before BARKER, District Judge ORDER On March 4, 2019, plaintiff Matthew Hernandez filed this civil rights lawsuit under

. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to

. Doc. 2. On August 14, 2019, Judge Love issued a report and recommendation recommending that this case be dismissed without prejudice for failure to prosecute and failure to obey a court order. Doc. 7. A copy of this report and recommendation was sent to plaintiff's last known address. On August 29, 2019, the copy of the report and recommendation that had been sent to plaintiff was re- turned to the clerk’s office marked as undeliverable. Doc. 8. As a result, no objections to the report and recommendation have been filed. A district court may dismiss an action where the plaintiff fails to prosecute his case or fails to comply with a court order. See McCullough v. Lynaugh,

(5th Cir. 1988) (the court may dismiss the action sua sponte); Fed. R. Civ. P. 41(b). Here, plaintiff has not communicated with the court since March 18, 2019. See Doc. 3. In the meantime, plaintiff missed his deadline to file an amended complaint, which he was ordered to do on June 11. Doc. 4. Plaintiff’s failure to com- ply with this order and prosecute his case may stem from his failure to notify the court of his change of address or current

whereabouts. That possibility does not dissuade the court from dismissing this action. Under Local Rule CV-11(d), a pro se litigant is “responsible for keeping the clerk [of the court] advised in writing of his or her current physical address.” Accordingly, the report and recommendation is adopted. Fed. R. Civ. P. 72(b)(3). The complaint is dismissed without prejudice for failure to prosecute. Fed. R. Civ. P. 41(b). All mo- tions not previously ruled on are denied. The clerk of court is directed to close this case.

So ordered by the court on September 11, 2019. flacbok BARKER United States District Judge

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