(PC) Abdullah v. Phillips ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JALAAL ABDULLAH, ) Case No.: 1:24-cv-0603 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 14 B. PHILLIPS, et al., ) THE CASE ) 15 Defendants. ) (Doc. 9) ) 16 17 Jalaal Abdullah initiated this action by filing a civil rights complaint and seeking leave to 18 proceed in forma pauperis. (Docs. 1, 2.) After the Court issued an order granting Plaintiff’s motion to 19 proceed IFP, the U.S. Postal Service returned the order as undeliverable on June 7, 2024. 20 The magistrate judge found Plaintiff failed to prosecute the action, failed to comply a Court 21 order, and failed to comply with the Local Rules requiring him to keep the Court informed of a current 22 mailing address. (Doc. 9 at 1-2.) The magistrate judge considered the factors identified by the Ninth 23 Circuit in Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61(9th Cir. 1992), and found the factors weighed in 24 favor of terminating sanctions. (Id. at 2-3.) Therefore, the magistrate judge recommended the action 25 be dismissed without prejudice. (Id. at 3.) 26 The Court served the Findings and Recommendations on Plaintiff at the only address on record. 27 However, the Postal Service returned the Findings and Recommendations as “Undeliverable, RTS, 28 Inactive” on September 3, 2024. To date, the Court remains unable to communicate with Plaintiff. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Havi 2 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 3 || by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on August 16, 2024 (Doc. 9) are 5 ADOPTED in full. 6 2. The action is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ September 9, 2024 ( Pai L. | ws In 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28