(PC) Hendrix M. Montecastro v. Waters ( 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, No. 1:20-cv-01289-ADA-HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION 13 v. (ECF No. 10) 14 WATERS, et al., 15 Defendants. 16 17 Plaintiff Hendrix Montecastro (“Plaintiff’) is proceeding pro se and is a state prisoner who 18 initiated this civil rights action. (ECF No. 1.) The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 12, 2023, the assigned Magistrate Judge found that Plaintiff failed to comply with 21 a Court order and failed to prosecute this matter. (ECF No. 10.) Specifically, Plaintiff violated 22 Local Rule 183(b) by failing to keep the Court appraised of a current address. (Id. at 1.) Thus, the 23 Magistrate Judge recommended that the action be dismissed without prejudice. (Id. at 3.) The 24 findings and recommendations were served upon Plaintiff at the address on record on June 12, 25 2023. It contained a notice that any objections were to be filed within fourteen days. (Id.) Plaintiff 26 was also informed that the “failure to file objections within the specified time may result in the 27 waiver of rights on appeal.” (Id. (citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 28 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991))).) On June 20, 2023, the findings 1 and recommendations were returned as undeliverable.! To date, no objections have been filed, and 2 | the time to do so has expired. 3 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 4 | Having carefully reviewed the entire file, the Court concludes that the findings and 5 || recommendation are supported by the record and proper analysis. 6 Accordingly, 7 1. The Findings and recommendations issued on June 12, 2023, (ECF No. 10), are 8 ADOPTED in full; 9 2. This action is dismissed without prejudice; and 10 3. The Clerk of Court is directed to close this case. 11 12 13 | □□ □□ SO ORDERED. 14 Dated: _ July 13, 2023 UNITED f£TATES DISTRICT JUDGE 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 28 | is fully effective. Local Rule 182(f).