Hogan v. Olvera ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 JAMES C. HOGAN, Case No. 3:23-cv-00515-MMD-CSD 7 Plaintiff, ORDER v. 8 BRIAN OLVERA, et al., 9 Defendants. 10 11 Pro se Plaintiff James Hogan submitted a civil rights complaint while in the custody 12 of the Nevada Department of Corrections. (ECF Nos. 1, 1-1.) The Court granted Hogan 13 permission to proceed in forma pauperis and screened his complaint, allowing his Fourth 14 Amendment excessive force claims to proceed against Defendants Olvera and Taylor, 15 both of whom Hogan alleges are officers with the Elko Police Department. (ECF No. 4.) 16 Before the Court is the Report and Recommendation (“R&R”) of United States Magistrate 17 Judge Craig S. Denney, recommending that the Court grant Defendants’ motion (ECF 18 No. 13) to dismiss this action without prejudice because Plaintiff failed to update his 19 address with the Court after his release from the Elko County Detention Center. (ECF No. 20 19.) Objections to the R&R were due May 15, 2024. (See id.) To date, no objections have 21 been filed.1 For this reason, and as further explained below, the Court adopts the R&R in 22 full, granting Defendants’ motion to dismiss (ECF No. 13) and dismissing this action 23 without prejudice. 24 Because there is no objection, the Court need not conduct de novo review and is 25 satisfied Judge Denney did not clearly err. See United States v. Reyna-Tapia, 328 F.3d 26 1The Court’s order directing Plaintiff to update his address (ECF No. 14) and the 27 R&R were among items returned as undeliverable. (ECF Nos. 20, 18, 22.) However, it is Hogan’s responsibility to file notification of any change of mailing address. See LR IA 3- 1 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 2 recommendations is required if, but only if, one or both parties file objections to the 3 findings and recommendations.”) (emphasis in original). 4 Judge Denney recommends dismissal because Hogan has not updated his contact 5 information following his release from custody and has further failed to attend scheduled 6 case management conferences or otherwise indicate intent to prosecute this action. (ECF 7 No. 19.) See Fed. R. Civ. P. 41(b) (permitting dismissal of an action for failure to prosecute 8 or comply with rules or a court order); LR IA 3-1 (requiring a party to immediately file a 9 written notification of any change in contact information); Carey v. King, 856 F.2d 1439, 10 1440 (9th Cir. 1998) (setting forth factors a court may consider in determining whether to 11 dismiss an action under Rule 41(b)). After Defendants filed an answer in this action (ECF 12 No. 9), the Court set a mandatory case management conference for April 24, 2024 (ECF 13 No. 12). The order setting the case management conference was returned as 14 undeliverable (ECF No. 17) and defense counsel learned that Plaintiff had been released 15 from the Elko County Detention Center (ECF Nos. 13, 13-1). Defendants filed their motion 16 to dismiss (ECF No. 13). The Court then ordered Hogan to file a notice of change of 17 address by April 26, 2024, and to communicate with the courtroom deputy to discuss the 18 mandatory case management conference scheduled for May 1, 2024. (ECF No. 14.) 19 Hogan did not file a notice of change of address, respond to the motion to dismiss, appear 20 at the May 1, 2024, case management conference, or make any other filings. (ECF Nos. 21 18, 19.) Having reviewed the R&R and the record in this case, the Court thus agrees with 22 Judge Denney that dismissal without prejudice is appropriate and will adopt the R&R in 23 full. 24 It is therefore ordered that Judge Denney’s Report and Recommendation (ECF 25 No. 19) is accepted and adopted in full. 26 It is further ordered that Defendants’ motion to dismiss (ECF No. 13) is granted. 27 /// 28 /// 1 It is further ordered that this action is dismissed without prejudice. 2 The Clerk of Court is directed to enter judgment accordingly and close this case. 3 DATED THIS 22"4 Day of May 2024. 5 MIRANDAM.DU- sis 6 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28