Verdeja v. Mazzei et al

Filing 11

FINDINGS and RECOMMENDATIONS to Dismiss Action, Without Prejudice, for Failure to Comply With Court Order, signed by Magistrate Judge Gary S. Austin on 5/23/2013, referred to Judge Ishii. Objections to F&R Due Within Thirty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:12-cv-01350-AWI-GSA-PC

JONATHAN VERDEJA,

FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION, WITHOUT
PREJUDICE, FOR FAILURE TO COMPLY
WITH COURT ORDER
(Doc. 10.)

vs.
C/O MAZZEI, et al.,

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Defendants.

OBJECTIONS, IF ANY, DUE IN THIRTY
DAYS

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Jonathan Verdeja ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. ' 1983 on August 20, 2012. (Doc. 1.) On

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April 15, 2013, the Court entered an order requiring Plaintiff to either file an amended

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complaint, or notify the Court of his willingness to proceed on the claims found cognizable by

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the Court, within thirty days. (Doc. 6.) To date, Plaintiff has not complied with or otherwise

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responded to the Court=s order.1

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Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED,

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without prejudice, based on Plaintiff=s failure to comply with the Court’s order of April 15,

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2013.

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The United States Postal Service returned the order on April 24, 2013 as undeliverable. A notation on
the envelope indicates that Plaintiff was discharged. However, Plaintiff has not notified the court of any change in
his address. Absent such notice, service at a party=s prior address is fully effective. Local Rule 182(f).
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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within thirty

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days after the date of service of these findings and recommendations, Plaintiff may file written

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objections with the Court. Such a document should be captioned "Objections to Magistrate

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Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections

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within the specified time may waive the right to appeal the District Court's order. Martinez v.

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

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IT IS SO ORDERED.
Dated:

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May 23, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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