Opinion
No. 1:18-cv-00735-DAD-JDP (PC)
05-12-2020
DARNELL E. JOHNSON, Plaintiff, v. C. WOODS, et al., Defendants.
ORDER ADOPTING FINDINGS & RECOMMENDATIONS, DISMISSING ACTION FOR FAILURE TO STATE A CLAIM, FAILURE TO PROSECUTE, AND FAILURE TO COMPLY WITH A COURT ORDER
(Doc. Nos. 1, 10)
Plaintiff Darnell E. Johnson is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed 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 302.
On October 30, 2019, the assigned magistrate judge issued findings and recommendations, recommending that plaintiff's case be dismissed due to his failure to state a claim, failure to prosecute, and failure to comply with a court order. (Doc. No. 10.) The findings and recommendations were served by mail upon plaintiff at his address of record and contained notice that any objections thereto were to be filed within fourteen (14) days of service. (Id. at 2.) The mail directed to plaintiff was returned to the court as undeliverable on November 7, 2019. Over five months have now passed since the magistrate judge first issued the October 30, 2019 findings and recommendations. During that time plaintiff has neither filed objections to the findings and recommendations nor apprised the court of his current address. See Local Rule 183 (noting each party's responsibility to keep the court and opposing parties advised as to his or her current address).
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 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,
1. The October 30, 2019 findings and recommendations (Doc. No. 10) are adopted;IT IS SO ORDERED.
2. This action is dismissed without prejudice due to plaintiff's failure to prosecute, and failure to comply with court orders; and
3. The Clerk of Court is directed to close this case.
Dated: May 12 , 2020
/s/_________
UNITED STATES DISTRICT JUDGE