Opinion
No. 1:05-cv-00992-OWW-LJO-P.
October 31, 2005
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc.7) ORDER DISMISSING ACTION
Plaintiff Rodney William Bailey ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302.
On September 16, 2005, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objections to the Findings and Recommendations were to be filed within thirty (30) days. To date, plaintiff has not filed objections thereto.
The United States Postal Service returned the order served on plaintiff on October 14, 2005, as undeliverable. A notation on the envelope indicated: Return to Sender — Out to Court. However, plaintiff has not notified the court of any change in his address. Absent such notice, service at a party's prior address is fully
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed September 16, 2005, is ADOPTED in full; and,
2. This action is DISMISSED without leave to amend.
IT IS SO ORDERED.