Opinion
Case No. CV 15-01672-SJO (KES)
11-25-2015
PAUL SCARZO, Petitioner, v. JOHN A. CLARKE, et al., Respondents.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
On October 6, 2015, the assigned Magistrate Judge issued a Report and Recommendation recommending that Judgment be entered dismissing this action without prejudice. Although a copy of the Report and Recommendation and a copy of the Notice of Filing of Magistrate Judge's Report and Recommendation were separately mailed to Petitioner at his address of record on the same day, both copies were then returned undelivered with the notation "Return to Sender- Not Deliverable as Addressed-Unable to Forward."
Under Central District of California Local Rule 41-6, it was incumbent on Petitioner to keep the Court apprised of his current address. The rule further provides that , "[i]f mail directed by the Clerk to a pro se plaintiff's address of record is returned undelivered by the Postal Service, and if, within fifteen days (15) days of the service date, such plaintiff fails to notify the Court and opposing parties of said plaintiff's current address, the Court may dismiss the action with or without prejudice for want of prosecution."
Here, more than fifteen (15) days have elapsed since the service of the Report and Recommendation, and no notice of change of address has been filed by Petitioner. Moreover, based on its review pursuant to 28 U.S.C. § 636 of all the records and files herein, including the Report and Recommendation, the Court concurs with and accepts the Magistrate Judge's findings and recommendation.
IT THEREFORE IS ORDERED that Judgment be entered dismissing the Petition and entire action without prejudice. DATED: November 25, 2015.
/s/_________
S. JAMES OTERO
UNITED STATES DISTRICT JUDGE