(PC) Martin v. Sisidio, et al., No. 1:2022cv00860 - Document 15 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 14 Findings and Recommendations and Dismissing Action Without Prejudice for Failure to Obey Court Orders, Failure to Comply With the local Rules, and Failure to Prosecute signed by District Judge Ana de Alba on 10/25/2023. CASE CLOSED.(Xiong, J.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARED ANDREW MARTIN, 12 Plaintiff, 13 v. 14 SISIDIO, et al., 15 No. 1:22-cv-00860-ADA-CDB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO OBEY COURT ORDERS, FAILURE TO COMPLY WITH THE LOCAL RULES, AND FAILURE TO PROSECUTE Defendants. (ECF No. 14) 16 Plaintiff Jared Andrew Martin was a county inmate proceeding pro se and in forma 17 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to 19 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 21, 2023, the Magistrate Judge issued findings and recommendations, 21 recommending that the Court dismiss this action without prejudice due to Plaintiff’s failure to 22 obey court orders, failure to comply with the Local Rules, and failure to prosecute. (ECF No. 23 14.) The findings and recommendations were served on Plaintiff’s address on file with the Court 24 and contained notice that Plaintiff had fourteen days within which to file objections. (Id. at 4.) 25 Plaintiff has not filed objections or otherwise communicated with the Court, and the deadline to 26 do so has passed.1 27 1 28 On July 27, 2023, the findings and recommendations were returned as “Undeliverable, Not in Custody.” (See docket.) Pro se parties are “under a continuing duty to notify the Clerk and all other parties of any change of address.” E.D. Cal. R. 182(f). “Absent such notice, service of documents at the prior address of the . . . pro se party 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court concludes that 3 the findings and recommendations are supported by the record and proper analysis. 4 Accordingly, 5 1. 6 7 adopted in full; 2. 8 9 The findings and recommendations issued on July 21, 2023, (ECF No. 14), are This action is dismissed without prejudice due to Plaintiff’s failure to obey a court order, failure to comply with the Local Rules, and failure to prosecute; and 3. The Clerk of Court is directed to close this case. 10 11 12 13 IT IS SO ORDERED. Dated: October 25, 2023 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be fully effective.” Id. If mail is returned to the Court as undeliverable, and the pro se party fails to notify the Court of an address change within sixty-three days, “the Court may dismiss the action without prejudice for failure to prosecute.” Id. 183(b). 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.