Opinion
1:20-cv-00977-JLT-HBK (PC)
07-09-2023
HENDRIX M. MONTECASTRO, Plaintiff, v. RALPH DIAZ, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATION (DOC. 12)
Hendrix Montecastro, who is proceeding pro se is a state prisoner who initiated this civil rights action. (See generally Doc. 1.) The assigned magistrate judge found Plaintiff failed to comply with a Court order and failed to prosecute this matter. (Doc. 12) Specifically, Plaintiff violated Local Rule 183(b) by failing to keep the Court appraised of a current address. (Id.) Thus, the magistrate judge recommended the action be dismissed without prejudice. (Id. at 3.)
The Findings and Recommendations were served upon Plaintiff at the address on record on June 12, 2023. It contained a notice that any objections were to be filed within 14 days. (Id. at 3.) In addition, Plaintiff was informed the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id.) (citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) On June 20, 2023, the findings and recommendations were returned as undeliverable with the notion that they were “[u]ndeliverable, [n]o [m]ail [r]eceptacle ” To date, no objections have been filed and the time to do so has expired.
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).
According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. Having carefully reviewed the entire file, the court concludes that the findings and recommendation are supported by the record and proper analysis.
Thus, the Court ORDERS:
1. The Findings and Recommendations issued on June 12, 2023 (Doc. 12) are ADOPTED in full.
2. This action is DISMISSED without prejudice.
3. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.