Summary
The United States Magistrate Judge recommends dismissal without prejudice of Jessie Adams's pro se civil complaint because mail was returned as undeliverable twice and Plaintiff failed to provide a valid mailing address. The recommendation relies on court orders and local rules concerning returned mail, address updates, prosecution of claims, and dismissal for failure to comply with court orders. The parties are advised of the procedure and deadline for filing objections.
Holdings
- The magistrate judge recommended that the complaint be denied and the action dismissed without prejudice because Plaintiff failed to maintain a valid mailing address and comply with the court's address-update requirements, preventing the action from being prosecuted.
- Because the parties had not fully consented to magistrate-judge jurisdiction under 28 U.S.C. § 636(c)(1), the magistrate judge recommended disposition to the district judge rather than entering a final dismissal order.
Questions Presented
- Whether the complaint should be dismissed without prejudice because Plaintiff failed to maintain a valid mailing address and comply with the court's address-update requirements.
- Whether the magistrate judge should issue a Report and Recommendation rather than enter a final dismissal order because the parties had not fully consented to magistrate-judge jurisdiction.
Disposition
other
Cases Cited (2)
- Fid. Phila. Tr. Co. v. Pioche Mines Consol., Inc., 587 F.2d 27, 29 (9th Cir. 1978)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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