Opinion
9:21-cv-52 (GLS/ATB)
11-15-2021
GUILLERMO TORRES-ACEVEDO, Plaintiff, v. C.O. BLAIR, Defendant.
HON. LETITIA JAMES BRENDA T BADDAM
HON. LETITIA JAMES
BRENDA T BADDAM
ORDER
Gary L. Sharpe, Senior District Judge
On October 27, 2021, the court ordered plaintiff Pro Se Guillermo Torres-Acevedo to notify the court, by November 10, 2021, of his current 1 address or verify that his mailing address is as listed in the caption of this Order and file any objections to Magistrate Judge Andrew T. Baxter's Report-Recommendation. (Dkt. No. 22.) The court warned Torres-Acevedo that his failure to comply with the order would result in dismissal, and a copy of the order was sent to plaintiff's last known address. (Id. at 5.) Torres-Acevedo has failed to comply with the October 27, 2021 Order. Accordingly, it is hereby
ORDERED that this action is DISMISSED for plaintiff's failure to notify the court of his address change, for failure to prosecute, and failure to comply with the court's October 27, 2021 Order; and it is further
ORDERED that, upon review for clear error, the ReportRecommendation (Dkt. No. 20) is ADOPTED in its entirety; and it is further
ORDERED that defendant's motion for summary judgment (Dkt. No. 15) is GRANTED and the complaint is DISMISSED with prejudice for failure to exhaust as to Torres-Acevedo's Eighth Amendment excessive force claims; and it is further
ORDERED that defendant's motion to dismiss (Dkt. No. 15) is GRANTED and the complaint is DISMISSED without prejudice and without leave to amend for lack of subject matter jurisdiction as to Torres- 2 Acevedo's state law claims; and it is further
ORDERED that the complaint (Dkt. No. 1) is DISMISSED in its entirety as set forth above; and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk serve this Order on Torres-Acevedo at his last known address and on all other parties in accordance with the Local Rules of Practice.
IT IS SO ORDERED. 3