(PC) Montecastro v. Diaz ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HENDRIX M. MONTECASTRO, Case No. 1: 20-cv-00977-JLT-HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION 13 v. (Doc. 12) 14 RALPH DIAZ, et al., 15 Defendants. 16 17 18 Hendrix Montecastro, who is proceeding pro se is a state prisoner who initiated this civil 19 rights action. (See generally Doc. 1.) The assigned magistrate judge found Plaintiff failed to 20 comply with a Court order and failed to prosecute this matter. (Doc. 12) Specifically, Plaintiff 21 violated Local Rule 183(b) by failing to keep the Court appraised of a current address. (Id.) Thus, 22 the magistrate judge recommended the action be dismissed without prejudice. (Id. at 3.) 23 The Findings and Recommendations were served upon Plaintiff at the address on record 24 on June 12, 2023. It contained a notice that any objections were to be filed within 14 days. (Id. at 25 3.) 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 June 20, 2023, the 28 findings and recommendations were returned as undeliverable with the notion that they were 1 | “[ujndeliverable, [n]o [m]Jail [r]eceptacle.”! To date, no objections have been filed and the time to 2 | do so has expired. 3 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this 4 | case. Having carefully reviewed the entire file, the court concludes that the findings and 5 || recommendation are supported by the record and proper analysis. 6 Thus, the Court ORDERS: 7 1. The Findings and Recommendations issued on June 12, 2023 (Doc. 12) are 8 ADOPTED in full. 9 2. This action is DISMISSED without prejudice. 10 3. The Clerk of Court is directed to close this case. 11 b IT IS SO ORDERED. 13 Dated: _ July 9, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' Absent notice of a party’s change of address, service of documents at the prior address of the party is fully effective. Local Rule 182(f).