Opinion
1:18-cv-00740-DAD-EPG
06-29-2021
TONYA ENGELBRECHT, Plaintiff, v. UNION BANK, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION DUE TO PLAINTIFF'S FAILURE TO PROSECUTE AND FAILURE TO OBEY A COURT ORDER (DOC. NO. 11)
Plaintiff Tonya Engelbrecht, proceeding pro se, initiated this civil action on March 29, 2018. (Doc. No. 1.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 29, 2021, t he assigned magistrate judge issued findings and recommendations recommending that this action be dismissed, without prejudice, due to plaintiff's failure to prosecute and failure to obey a court order. (Doc. No. 11.) Specifically, because plaintiff's original and renewed applications to proceed in forma pauperis in this action were incomplete, on June 5, 2018, the assigned magistrate judge ordered plaintiff to either pay the required filing fee to proceed with this action or file another renewed IFP application using the proper application form and providing complete information. (Doc. No. 9.) To date, in the three years since the date of that order, plaintiff has failed to file a renewed IFP application, pay the required filing fee, or otherwise communicate with the court.
Accordingly, on March 29, 2021, the magistrate judge issued the pending findings and recommendations, which were served on plaintiff by mail at her address of record and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Doc. No. 11 at 3.) On April 5, 2021, the service copy of those findings and recommendations was returned to the court as “Undeliverable, No. Mail Receptacle.” Plaintiff was required by Local Rule 183 to file a notice of change of address with this court within sixty-three days of April 5, 2021, and he did not do so. To date, no objections have been filed and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the 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:
1. The findings and recommendations issued on March 29, 2021 (Doc. No. 11) are adopted in full;
2. This action is dismissed, without prejudice, due to plaintiffs failure to prosecute this action and failure to a obey court order; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.