Opinion
Case No. EDCV 15-1797-SJO (JPR)
06-08-2016
MANUEL GUTIERREZ, Plaintiff, v. MANUEL GUITON et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE
The Court has reviewed the First Amended Complaint, records on file, and Report and Recommendation of U.S. Magistrate Judge, which was filed on May 12, 2016. See 28 U.S.C. § 636. No objections to the R&R have been timely filed. On May 19, the R&R was returned to the Court as undeliverable. Plaintiff has not filed a change of address since then.
Local Rule 41-6 provides that
[a] party proceeding pro se shall keep the Court . . . apprised of such party's current address . . . . If 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 (15) days of the service date, such
plaintiff fails to notify, in writing, 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.
The Court accepts the findings and recommendations of the Magistrate Judge and finds that this lawsuit is subject to dismissal under Local Rule 41-6 as well.
IT IS THEREFORE ORDERED that this action is dismissed for failure to prosecute and for the reasons stated in the March 9, 2016 dismissal order. DATED: June 8,2016.
/s/_________
S. JAMES OTERO
U.S. DISTRICT JUDGE