(PC)Martin v. Pfeiffer et al, No. 1:2022cv00889 - Document 31 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 30 Findings and Recommendations Regarding Dismissal of Action for Failure to Prosecute, signed by District Judge Jennifer L. Thurston on 7/24/2023. CASE CLOSED. (Rivera, O)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARED ANDREW MARTIN, 12 Plaintiff, 13 v. 14 PFEIFFER, et al., No. 1:22-cv-00889-JLT-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE (Doc. 30) 15 Defendants. 16 17 Plaintiff Jared Andrew Martin is a county jail inmate and former state prisoner proceeding 18 pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action 19 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 20 Rule 302. 21 On April 11, 2023, this case was reassigned to the undersigned. (Doc. 27.) On April 17, 22 2023, the Court’s order reassigning the case was returned as “Undeliverable, Not in Custody.” 23 Plaintiff did not file a notice of change of address or otherwise communicate with the Court. 24 Therefore, on June 28, 2023, the assigned magistrate judge issued findings and 25 recommendations recommending dismissal of this action, without prejudice, for failure to 26 prosecute. (Doc. 30.) Those findings and recommendations were served on Plaintiff and 27 contained notice that any objections thereto were to be filed within fourteen days after service. 28 (Id. at 3.) The findings and recommendations were also returned as “Undeliverable, Not in 1 1 Custody” on July 10 and July 11, 2023. Plaintiff has not communicated with the Court, no 2 objections have been filed, and the deadline to do so has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that 5 the magistrate judge’s findings and recommendations are supported by the record and by proper 6 analysis. 7 Based on the foregoing, the Court ORDERS: 8 1. 9 10 ADOPTED IN FULL. 2. 11 12 The findings and recommendations issued on June 28, 2023, (Doc. 30), are This action is DISMISSED, without prejudice, due to Plaintiff’s failure to prosecute. 3. The Clerk of the Court is directed to close this case. 13 14 15 IT IS SO ORDERED. Dated: July 24, 2023 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.