Mahe v. Frazier ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 JASON A. MAHE, Case No. 3:23-cv-00096-MMD-CLB 7 Plaintiff, ORDER v. 8 F. FRAZIER, et al., 9 Defendants. 10 11 Pro se Plaintiff Jason Mahe brings this civil rights action under 42 U.S.C. § 1983. 12 (ECF No. 7.) Before the Court is the Report and Recommendation (“R&R”) of United 13 States Magistrate Judge Carla L. Baldwin, recommending that the Court dismiss this 14 action for Mahe’s failure to comply with Local Rule IA 3-1 and the Court’s previous order 15 (ECF No. 22) directing him to update his address. (ECF No. 24.) Objections to the R&R 16 were due June 11, 2024. (See id.) To date, no objections have been filed.1 For this 17 reason, and as explained below, the Court adopts the R&R in full and dismisses this 18 action without prejudice. 19 Because there is no objection, the Court need not conduct de novo review and is 20 satisfied Judge Baldwin did not clearly err. See United States v. Reyna-Tapia, 328 F.3d 21 1114, 1116 (9th Cir. 2003) (“De novo review of the magistrate judges’ findings and 22 recommendations is required if, but only if, one or both parties file objections to the 23 findings and recommendations.”) (emphasis in original). Judge Baldwin recommends 24 dismissing this action because Mahe failed to comply with the Court’s prior order (ECF 25 No. 22) directing him to update his address by May 20, 2024, consistent with LR IA 3-1. 26 1Both the Court’s order directing Plaintiff to update his address and the R&R were 27 returned as undeliverable. (ECF Nos. 23, 25.) However, as explained in this order, it is Mahe’s responsibility to file notification of any change of mailing address. See LR IA 3-1. 1 || (ECF No. 24 at 1.) See LR IA 3-1 (providing that failure to “immediately file with the Court 2 || written notification of any change of address . . . may result in dismissal of the action . . . 3 || .”); Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988) (describing circumstances under 4 || which courts may dismiss an action for failure to follow local rules). The Court warned 5 || Mahe that further failure to update his address would result in a recommendation for 6 || dismissal. (ECF No. 22 at 1.) The Lorain Correctional Institution in Ohio returned that 7 || order, as well as the Court's previous scheduling order, as undeliverable. (ECF Nos. 21, 8 || 23.) To date, Mahe has not filed a notice of change of address with the Court. Accordingly, 9 || having reviewed the R&R and the record in this case, the Court agrees with Judge 10 || Baldwin that dismissal is appropriate and will adopt the R&R in full. 11 It is therefore ordered that Judge Baldwin’s Report and Recommendation (ECF 12 || No. 24) is accepted and adopted in full. 13 It is further ordered that this action is dismissed without prejudice. 14 The Clerk of Court is directed to enter judgment accordingly and close this case. 15 DATED THIS 28" Day of June 2024. 17 □□□□□□□□□□□□□□□□□□□□□□□ 18 CHIEF UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28