(PC) Watts v. Cardenas et al, No. 2:2023cv01297 - Document 18 (E.D. Cal. 2024)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 05/10/2024 ADOPTING 17 Findings and Recommendations in full and DISMISSING this action without prejudice for failure to prosecute. See Local Rule 183(b). CASE CLOSED. (Nair, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VERNELL WATTS, 12 13 14 No. 2:23-cv-01297-DJC-CKD (PC) Plaintiff, v. ORDER A. CARDENAS, et al., 15 Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 2, 2024, the Magistrate Judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that 22 any objections to the findings and recommendations were to be filed within fourteen 23 days. Neither party filed objections to the findings and recommendations. 24 Although it appears from the file that Plaintiff’s copy of the findings and 25 recommendations was returned, Plaintiff was properly served. It is the Plaintiff’s 26 responsibility to keep the court apprised of his current address at all times. Pursuant 27 to Local Rule 182(f), service of documents at the record address of the party is fully 28 effective. 1 1 The Court has reviewed the file and finds the findings and recommendations to 2 be supported by the record and by the Magistrate Judge’s analysis. The Court 3 observes that in addition to fact that court orders that were mailed to Plaintiff were 4 returned as undeliverable, the Defendant was not able to contact Plaintiff in order to 5 participate in court-ordered alternate dispute resolution. (ECF No. 15.) 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations (ECF No. 17) are adopted in full. 8 2. This action is dismissed without prejudice for failure to prosecute. See Local 9 10 Rule 183(b). 3. The Clerk of Court is directed to close this case. 11 12 13 14 IT IS SO ORDERED. Dated: May 10, 2024 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 12/watt1297.803 23 24 25 26 27 28 2

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