(PC) Baggett v. City of Fresno County Jail

Opinion

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6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ANTHONY ALBERT BAGGETT, ) Case No.: 1:24-cv-0894 JLT SAB ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO 14 CITY OF FRESNO COUNTY JAIL, et al., ) CLOSE THE CASE ) 15 Defendants. ) (Doc. 10) ) 16

17 Anthony Albert Baggett seeks to hold the defendants liable for violations of his civil rights 18 while housed at the Fresno County Jail. (See generally Doc. 1.) After the Sacramento Division 19 transferred the matter to the Fresno division, this Court ordered Plaintiff to apply to proceed in forma 20 pauperis or pay the filing fee. (Docs. 4, 6.) However, the U.S Postal Service returned the Court’s mail 21 marked “Undeliverable, Not at facility” on October 1, 2024. The Court issued an order to Plaintiff to 22 show cause why the action should not be dismissed (Doc. 8), which the Postal Service also returned as 23 undeliverable on October 10, 2024. 24 The assigned magistrate judge found Plaintiff failed to prosecute this action and failed to 25 comply with the Court’s orders. (Doc. 10.) After considering the factors identified by the Ninth 26 Circuit in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), the magistrate judge found 27 terminating sanctions are appropriate and recommended the case be dismissed without prejudice. (Id. 28 at 2-3.) The Court served the Findings and Recommendations on Plaintiff, including at the only address 1 || on record for Plaintiff. The Postal Service returned the Findings and Recommendations marked 2 || “Undeliverable, Not in Custody” on November 4, 2024. 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 4 || Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are 5 || supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on October 25, 2024 (Doc. 10) are 7 ADOPTED in full. 8 2. This action is DISMISSED without prejudice. 9 3. The Clerk of Court is directed to close this case. 10 11 || TT IS SO ORDERED. 12! Dated: _ November 13, 2024 Charis [Tourn 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28