Saiz v. Hanford Police Department et al

Filing 41

FINDINGS and RECOMMENDATIONS recommending that this action be dismissed for failure to prosecute. Matter referred to Judge Anthony W. Ishii with objections to these Findings and Recommendations due within thirty days of service. Order signed by Magistrate Judge Sandra M. Snyder on 12/16/2013. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARTIN LOUIS SAIZ,

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Plaintiff,
v.

Case No. 1:12-CV-00912-AWI-SMS
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL FOR
FAILURE TO PROSECUTE

HANFORD POLICE DEPARTMENT, et al.,

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Defendants.

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On July 29, 2013, several orders mailed to Plaintiff Martin Louis Saiz were returned to the
Clerk of Court as undeliverable following Plaintiff's release from prison. Local Rule 183 provides
that "[i]f mail directed to a plaintiff in propria persona by the Clerk is returned by the U.S. Postal
Service, and if such Plaintiff fails to notify the Court and opposing parties within sixty-three (63)
days thereafter of a current address, the Court may dismiss the action without prejudice for failure to
prosecute." Plaintiff having failed to advise the Court and opposing parties of a current address for
over sixty-three days, the undersigned RECOMMENDS that this action be dismissed for failure to
prosecute.
These findings and recommendations are submitted to the Honorable Anthony W. Ishii,
United States District Court Judge, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule
72-304 of the Local Rules of Practice for the United States District Court, Eastern District of
California. Within thirty (30) days after being served with a copy, Plaintiff may file written
objections with the court, serving a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” The Court will then review the

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Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636(b)(1)(C). Plaintiff advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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DATED: 12/16/2013

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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