(PC) Spearman v. Sam Berri Towing et al, No. 1:2022cv00086 - Document 18 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 17 Findings and Recommendations and Dismissing Action for Failure to Prosecute signed by District Judge Jennifer L. Thurston on 5/19/2022. CASE CLOSED. (Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD EDWARD SPEARMAN, 12 13 Plaintiff, v. 14 SAM BERRI TOWING, et al., 15 Defendants. Case No.: 1:22-cv-0086 JLT SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS FOR A FAILURE TO PROSECUTE (Doc. 17) 16 17 Reginald Edward Spearman is proceeding pro se and in forma pauperis in this civil rights 18 action brought pursuant to 42 U.S.C. § 1983. On April 26, 2022, the assigned magistrate judge 19 found Plaintiff failed to prosecute the action and failed to keep the Court informed of his current 20 mailing address as required by Local Rule 183(b). (Doc. 17.) Therefore, the magistrate judge 21 recommended the action be dismissed without prejudice. (Id. at 3.) 22 Plaintiff was granted 14 days to file any objections to the Findings and Recommendations 23 (Doc. 17 at 3), which were served at the last known address by the Court. On May 11, 2022, the 24 Findings and Recommendations were returned by U.S. Postal Service marked “Undeliverable, 25 Return to Sender, Not in Custody.” To date, Plaintiff has not filed a notice of change of address 26 or taken any further action to prosecute the matter. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. Having carefully reviewed the file, the Court concludes the Findings 1 and Recommendations are supported by the record and proper analysis. 2 Accordingly, the Court ORDERS: 3 1. 4 The Findings and Recommendations issued on April 26, 2022 (Doc. 17) are adopted in full. 5 2. The action is DISMISSED without prejudice. 6 3. The Clerk of Court is directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: May 19, 2022 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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