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HECKARD v. JACKSON, ED CV 13-1467-JGB(E). (2014)

Court: District Court, C.D. California Number: infdco20140618856 Visitors: 40
Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CHARLES F. EICK, Magistrate Judge. This Report and Recommendation is submitted to the Honorable Jesus G. Bernal, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California. Plaintiffs, pro se, filed this civil rights action on August 22, 2013. On April 23, 2014, mail addressed to Plaintiffs at their address of record was returned
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REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

CHARLES F. EICK, Magistrate Judge.

This Report and Recommendation is submitted to the Honorable Jesus G. Bernal, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.

Plaintiffs, pro se, filed this civil rights action on August 22, 2013. On April 23, 2014, mail addressed to Plaintiffs at their address of record was returned to the Court undelivered.

Plaintiffs evidently have failed to keep this Court apprised of their current address. Therefore, this action should be dismissed without prejudice. See Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (pro se civil rights plaintiff's failure to advise court of change in address warrants dismissal without prejudice); L.R. 41-6 (authorizing dismissal of an action fifteen days after the return of undelivered mail where a party proceeding pro se has failed to keep the court apprised of the pro se party's current address); see also Fed. R. Civ. P. 41(b); Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962) (court has inherent power to achieve the orderly and expeditious disposition of cases by dismissing actions for failure to prosecute).

For the foregoing reasons, IT IS RECOMMENDED that the Court issue an Order: (1) accepting and adopting this Report and Recommendation; and (2) directing that Judgment be entered dismissing the action without prejudice.1

FootNotes


1. In light of the recommended disposition, the Court need not and does not reach the issues raised in Defendants' "Motion for Summary Judgment," filed March 13, 2014.
Source:  Leagle

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