Opinion
CV 22-3923-FMO (E)
10-11-2022
KERRY ROBERTS, Plaintiff, v. CSP-LAC PRIMARY CARE PHYSICIAN KHINDE, ET AL., Defendants.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE
This Report and Recommendation is submitted to the Honorable Fernando M. Olguin, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.
Plaintiff, pro se, filed this action on June 8, 2022. The service copy of a court order mailed to Plaintiff's address of record on September 26, 2022, has been returned to the Court as undeliverable.
Plaintiff evidently has failed to keep this Court apprised of Plaintiff's current address. Therefore, this action should be dismissed without prejudice. See Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (pro se plaintiff's failure to advise court of change in address warrants dismissal without prejudice); L.R. 41-6 (authorizing dismissal of a pro se action fourteen days after the service date of a court document returned as undeliverable); L.R. 83-2.4 (requiring notification to the court of an address change within five days of the change); see also Fed.R.Civ.P. 41(b) ; Link v. Wabash R.R., 370 U.S• 626, 629-30 (1962) (court has inherent power to achieve the orderly and expeditious disposition of cases by dismissing actions for failure to prosecute).
For the foregoing reasons, IT IS RECOMMENDED that the Court issue an Order: (1) accepting and adopting this Report and Recommendation; and (2) directing that Judgment be entered dismissing the action without prejudice.
NOTICE
Reports and Recommendations are not appealable to the Court of Appeals, but may be subject to the right of any party to file objections as provided in the Local Rules Governing the Duties of Magistrate Judges and review by the District Judge whose initials appear in the docket number. No notice of appeal pursuant to the Federal Rules of Appellate Procedure should be filed until entry of the judgment of the District Court.