(PC) Arroyo v. Alaniz

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL ARROYO, Case No. 1:25-cv-0087 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE, AND DIRECTING THE CLERK OF COURT TO 14 A. ALANIZ, CLOSE THIS CASE 15 Defendants. (Doc. 5) 16 17 Manuel Arroyo asserts he suffered violations of his civil rights while in custody at Madera 18 County Jail and seeks to hold the defendant, a correctional officer at the facility, liable for 19 pursuant to 42 U.S.C. § 1983. (See generally Doc. 1.) Because Plaintiff did not pay the filing fee 20 when he filed the complaint, the Court ordered him to either pay the fee or file an application to 21 proceed in forma pauperis. (Doc. 3.) Plaintiff did not respond to the Court’s order. 22 The magistrate judge found Plaintiff failed to obey the Court’s order and failed to 23 prosecute this case. (Doc. 5 at 2, 3.) The magistrate judge found terminating sanctions are 24 appropriate after considering the factors identified by the Ninth Circuit in Henderson v. Duncan, 25 779 F.2d 1421, 1423 (9th Cir. 1986). (Id. at 2-3.) Therefore, the magistrate judge recommended 26 the Court dismiss the action without prejudice. (Id. at 3.) 27 The Court served the Findings and Recommendations on Plaintiff and notified him that 28 any objections were due within 14 days. (Doc. 5 at 3.) Although the Court served Plaintiff at the 1 only address on record, the U.S. Postal Service returned the document marked “Undeliverable, 2 | Not in Custody” on April 3, 2025. Nevertheless, the service upon Plaintiff is deemed fully 3 | effective. See Local Rule 182(f) (“Each ... pro se party is under a continuing duty to notify the 4 | Clerk and all other parties of any change of address or telephone number... . Absent such notice, 5 || service of documents at the prior address of the attorney or pro se party shall be fully effective.”’) 6 | Plaintiff did not file objections, and the time to so has expired. 7 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 8 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 9 | are supported by the record and proper analysis. Thus, the Court ORDERS: 10 1. The Findings and Recommendations issued March 24, 2025 (Doc. 5) are 11 ADOPTED in full. 12 2. This matter is DISMISSED without prejudice for failure to prosecute and for 13 failure to obey the Court’s order. 14 3. The Clerk of Court is directed to close this case. 15 16 IT IS SO ORDERED. 17 | Dated: _ April 29, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28