(PC) Vis v. Stevenson et al, No. 2:2020cv00987 - Document 21 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 3/1/21 ADOPTING in full 19 Findings and Recommendations and DISMISSING this action for plaintiff's failure to comply with court order. The court further finds dismissal appropriate for plaintiff's failure to provide the court with an updated address. CASE CLOSED (Kastilahn, A)

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(PC) Vis v. Stevenson et al Doc. 21 Case 2:20-cv-00987-JAM-DB Document 21 Filed 03/01/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KRISTOPHER VIS, 12 Plaintiff, 13 14 No. 2:20-cv-0987 JAM DB P v. ORDER STEVENSON, et al., 15 Defendants. 16 Plaintiff filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter 17 18 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 19 Rule 302. 20 On November 12, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within thirty days. Plaintiff has not filed 23 objections to the findings and recommendations. In addition, two orders from this court were 24 served on plaintiff at the address he provided, but were returned as undeliverable. Plaintiff has an 25 obligation to provide the court with his current address. See E.D. Cal. R. 183(b). The court notes that the magistrate judge ordered return of the filing fee submitted on 26 27 plaintiff’s behalf by Kyong Vis. A mailing with a check in the amount of that fee was returned as 28 //// 1 Dockets.Justia.com Case 2:20-cv-00987-JAM-DB Document 21 Filed 03/01/21 Page 2 of 2 1 undeliverable. On January 7, 2021, Kyong Vis filed a request for return of the filing fee with a 2 new address. On January 12, a check was mailed to Kyong Vis at the new address. The Clerk of 3 the Court has received confirmation from Kyong Vis that the check was received. 4 The court has reviewed the file and finds the findings and recommendations to be 5 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 6 ORDERED that: 7 1. The findings and recommendations filed November 12, 2020 are adopted in full; 8 2. This action is dismissed for plaintiff’s failure to comply with court orders. See E.D. 9 10 11 Cal. R. 110; Fed. R. Civ. P. 41; and 3. The court further finds dismissal appropriate for plaintiff’s failure to provide the court with an updated address. See E.D. Cal. R. 183(b). 12 13 14 15 DATED: March 1, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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