.. , ; ,, 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

ROBERT OGETO ABUGA, 

Plaintiff, 

v. 

GRACE WANJA NJERU, 

Defendant. 

BROWN, Judge. 

3:15-CV-00948-AC 

ORDER 

Magistrate Judge John V. Acosta issued Findings and 

Recommendation (#6) on June 9, 2015, in which he recommended the 

Court dismiss Plaintiff's claims with prejudice for lack of 

subject-matter jurisdiction. On June 22, 2015, the Plaintiff's 

copy of the Findings and Recommendation was returned to the court 

for lack of a current address. 

On July 8, 2015, this Court entered an Order in which it 

directed Plaintiff to file a notice of change of address no later 

than August 8, 2015, or to show cause in writing why this matter 

should not be dismissed for failure to prosecute. The Court 

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Case 3:15-cv-00948-AC Document 18 Filed 09/14/15 Page 1 of 3
advised Plaintiff that failure to file a change of address or to 

show cause would result in dismissal of this proceeding for lack 

of prosecution. 

On August 4, 2015, Plaintiff filed a Response to the Order 

to Show Cause in which he failed to identify a new or different 

mailing address. Plaintiff stated he does not have a permanent 

residence and is "moving from one place to another." 

On August 6, 2015, the Court entered an Order noting 

Plaintiff's Response and concluding "the fact that Plaintiff 

received the Court's Show Cause Order and timely responded with 

his filing indicates he still receives mail addressed to the 

S.E. Woodward Street address or otherwise is aware of the Court's 

Orders.n Accordingly, the Court ordered Plaintiff's Objections 

to the Findings and Recommendation due August 26, 2015, and 

Defendant's Response due September 11, 2015. Plaintiff did not 

file Objections. 

Because no objections to the Magistrate Judge's Findings and 

Recommendation were filed, this Court is relieved of its 

obligation to review the record de nova. See Dawson v. Marshall, 

561 F.3d 930, 932 (9th Cir. 2009). See also United States v. 

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane). 

Having reviewed the legal principles de nova, the Court modifies 

the Findings and Recommendation as follows: 

As noted, the Magistrate Judge recommends the Court dismiss 

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Case 3:15-cv-00948-AC Document 18 Filed 09/14/15 Page 2 of 3
this matter with prejudice for lack of subject-matter 

jurisdiction because Plaintiff has alleged both he and Defendant 

are residents of Oregon, and, therefore, they are not diverse. 

The Ninth Circuit, however, has held dismissals for lack of 

subject-matter jurisdiction due to nondiverse parties should be 

without prejudice. See, e.g., Farren v. Option One Mortg. Corp., 

4 67 F. App' x 692, 693 (9th Cir. 2012) (citing Kelly v. Fleetwood 

Enters., Inc., 377F.3d1034, 1036, 1040 (9th Cir. 2004)); Morgan 

v. Clark County Cred. Union, 376 F. App'x 788, 789 (9th Cir. 

2010). 

Accordingly, the Court dismisses this matter without 

prejudice. 

CONCLUSION 

The Court ADOPTS as modified Magistrate Judge Acosta's 

Findings and Recommendation (#6). Accordingly, the Court 

DISMISSES this matter without prejudice for lack of subjectmatter jurisdiction. 

IT IS SO ORDERED. 

DATED this 14th day of September, 2015. 

ANNA J. BROWN 

United States District Judge 

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