(PC) Martin v. Zimmerman ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARED ANDREW MARTIN, Case No. 1:22-cv-01455-JLT-HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION 13 v. (Doc. 11) 14 MICHAEL ZIMMERMAN, et al., 15 Defendant. 16 17 Jared Andrew Martine, who is proceeding pro se, was a pretrial detainee when he initiated 18 this civil rights action. (See generally Doc. 1.) The assigned magistrate judge found Plaintiff 19 failed to comply with a Court order and failed to prosecute this matter. (Doc. 11.) Specifically, 20 Plaintiff violated Local Rule 183(b) by failing to keep the Court appraised of a current address. 21 (Id.) Thus, the magistrate judge issued findings and recommendations, recommending that the 22 action be dismissed without prejudice. (Id. at 2.) 23 The findings and recommendations were served upon Plaintiff at the address on record on 24 May 15, 2023. It contained a notice that any objections were to be filed within 14 days. (Id. at 3.) 25 In addition, Plaintiff was informed the “failure to file objections within the specified time may 26 result in the waiver of rights on appeal.” (Id. (citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 27 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).) On May 30, 2023, the 28 findings and recommendations were returned as undeliverable with the notion that they were 1 || “[uJnable to forward.”! To date, no objections have been filed and the time to do so has expired. 2 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this 3 | case. Having carefully reviewed the entire file, the court concludes that the findings and 4 | recommendation are supported by the record and proper analysis. 5 Thus, the Court ORDERS: 6 1. The findings and recommendations issued on May 15, 2023 (Doc. 11) are ADOPTED 7 in full. 8 2. This action is dismissed without prejudice. 9 3. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 12 | Dated: _June 12, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | ——— ' Absent notice of a party’s change of address, service of documents at the prior address of the party is 28 | fully effective. Local Rule 182(f).