(PC) Usher v. Sosa, No. 1:2022cv00023 - Document 9 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 8 Findings and Recommendations to Dismiss Action without Prejudice for Plaintiff's Failure to Obey Court Orders and Failure to Prosecute signed by District Judge Ana de Alba on 06/30/2023. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS ALFRED USHER, 12 Plaintiff, 13 14 15 v. SOSA, Deputy Officer at Kern County Sheriff’s Office, Defendant. 16 Case No. 1:22-cv-00023-ADA-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE (ECF No. 8) 17 Plaintiff Thomas Alfred Usher (“Plaintiff”) is a pretrial detainee proceeding pro se and in 18 forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On April 25, 2023, the Magistrate Judge issued findings and recommendations, finding that 22 Plaintiff failed to obey the Court’s orders and failed to prosecute this action. (ECF No. 8.) 23 Specifically, the Magistrate Judge found that Plaintiff had failed to respond to the Court’s First 24 Screening Order issued February 16, 2023, and the Order to Show Cause (OSC) issued March 28, 25 2023. (See ECF Nos. 5, 6.) Furthermore, Plaintiff has failed to keep the Court apprised of his 26 current and correct address. (ECF No. 8 at 2-4.) Therefore, the Magistrate Judge recommends that 27 the action be dismissed without prejudice. (Id. at 4.) Plaintiff had the opportunity to file objections 28 within fourteen days but has not filed any objections. 1 On May 3, 2023, the findings and recommendations were returned to the Court by the 2 United States Postal Service. The envelope was marked “Undeliverable,” “RTS,” “Refused” and 3 “Unable to Forward.” (See Docket Entry dated 05/03/2023.)1 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 5 de novo review of this case. Having carefully reviewed the file, the Court finds the findings and 6 recommendations to be supported by the record and proper analysis. 7 Accordingly, 8 1. The Findings and Recommendations issued April 25, 2023, (ECF No. 8), are 9 ADOPTED in full; 10 2. This action is DISMISSED without prejudice; and 11 3. The Clerk of the Court is directed to close this case. 12 13 14 IT IS SO ORDERED. Dated: 15 June 30, 2023 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Both the First Screening Order and the OSC were also returned by the postal service. (See Docket Entries dated 02/24/2023 & 04/10/2023.) 2

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