Avery v. Cash

Full title: SOLOMON AVERY, Plaintiff, v. BRENDA M. CASH, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: May 21, 2013

Edcv 12-2136-Vbf (Man) (C.D. Cal. May. 21, 2013)

Opinion

SOLOMON AVERY, Plaintiff, v. BRENDA M. CASH, et al., Defendants. No. Edcv 12-2136-Vbf (Man) United States District Court, C.D. California. May 21, 2013

          ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          VALERIE BAKER FAIRBANK, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all of the records herein, and the Report and Recommendation of United States Magistrate Judge ("Report"). The time for filing Objections has passed, and no Objections have been filed.¹ The Court accepts the findings and recommendations set forth in the Report.

1 The copy of the Report served upon plaintiff at his docket address of record was returned by the United States Postal Service as undeliverable, with a notation that plaintiff has been paroled. More than 15 days have passed since such return, and plaintiff has failed to notify the Court of his current address. Thus, dismissal of this action is warranted under Local Rule 41-6, as well as Fed.R.Civ.P. 41(b).

         IT IS ORDERED that Judgment be entered dismissing this action without prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Local Rule 41-6, for lack of prosecution.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on the parties.

         LET JUDGMENT BE ENTERED ACCORDINGLY.