Opinion
No. CV-05-3865-PHX-MHM (BPV).
June 7, 2006
ORDER
Plaintiff has filed a pro se civil rights complaint under 42 U.S.C. § 1983. The matter was referred to United States Magistrate Judge Bernardo P. Velasco who has issued a Report and Recommendation that recommends that the complaint and action should be dismissed without prejudice. (Doc. 8). Plaintiff has not filed written objections to the Report and Recommendation.
STANDARD OF REVIEW
The Court must review the legal analysis in the Report and Recommendation de novo. See 28 U.S.C. § 636(b)(1)(C). The Court must review the factual analysis in the Report and Recommendation de novo for those facts to which objections are filed. "Failure to object to a magistrate judge's recommendation waives all objections to the judge's findings of fact." Jones v. Wood, 207 F.3d 557, 562 n. 2 (9th Cir. 2000).
DISCUSSION
The Magistrate Judge has recommended that the complaint and action should be dismissed without prejudice under Fed.R.Civ.P. 41(b) for failure to prosecute. As discussed in the Report and Recommendation, docket entries dated December 12, 2005 and January 24, 2006 show that mail sent to Plaintiff was returned as undeliverable. (Doc. 3 6). Following the filing of the Report and Recommendation, another docket entry shows mail sent to Plaintiff returned as undeliverable. (Doc. 9). Plaintiff has failed to keep the Court advised of his current address and has failed to prosecute this case.
Accordingly,
IT IS ORDERED adopting the Magistrate Judge's Report and Recommendation (Doc. 8) as the Order of the Court.
IT IS FURTHER ORDERED that the complaint and action are dismissed without prejudice.