(PC)Lewis v. Kibler et al, No. 1:2013cv00155 - Document 19 (E.D. Cal. 2014)
Court Description: ORDER Adopting Findings and Recommendations Regarding Dismissal of Action without Prejudice for Failure to Prosecute, signed by District Judge Lawrence J. O'Neill on 7/2/14. CASE CLOSED. (Verduzco, M)
Download PDF
<![CDATA[
(PC)Lewis v. Kibler et al Doc. 19 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 BRIAN DUNCAN LEWIS, 10 11 12 13 14 Plaintiff, v. B. KIBLER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 1:13-cv-00155-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE (ECF No. 18) 15 16 Plaintiff Brian Duncan Lewis (“Plaintiff”) is a former state prisoner proceeding pro se in 17 this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 18 31, 2013. On March 6, 2014, the Court dismissed Plaintiff’s first amended complaint with leave 19 to amend within thirty days. The order was returned by the United States Postal Service as 20 undeliverable on March 31, 2014. Plaintiff did not notify the Court of a new address. 21 On June 12, 2014, the Magistrate Judge issued Findings and Recommendations that this 22 action be dismissed, without prejudice, based on Plaintiff’s failure to prosecute. The Findings 23 and Recommendations were based on Plaintiff’s failure to apprise the Court of his current 24 address in compliance with Local Rules. The Findings and Recommendations were served on 25 Plaintiff’s last known address and contained notice that any objections were to be filed within 26 fourteen days after service. More than fourteen days have passed and Plaintiff has not filed any 27 objections or notified the Court of his current address. Instead, the Findings and 28 Recommendations were returned as undeliverable on June 23, 2014. 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 2 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 3 Findings and Recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, issued on June 12, 2014, are adopted in full; 2. This action is DISMISSED, without prejudice, based on Plaintiff’s failure to 6 7 8 9 and prosecute. This terminates the action in its entirety. 10 11 SO ORDERED Dated: July 2, 2014 12 /s/ Lawrence J. O’Neill United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
