Maldonado v. Alfaro et al

Filing 31

ORDER Reissuing the Magistrate Judge's March 7, 2016 Findings and Recommendations (Doc. 29 ), signed by District Judge Dale A. Drozd on 4/4/2016. Objections to F&R due within fourteen (14) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MALDONADO, 12 13 14 15 No. 1:15-cv-00836-DAD-MJS (PC) Plaintiff, v. ORDER REISSUING THE MAGISTRATE JUDGE’S MARCH 7, 2016 FINDINGS AND RECOMMENDATIONS CHAVEZ, Defendant. (Doc. No. 29) 16 17 Plaintiff Michael Maldonado filed this civil rights action pursuant to 42 U.S.C. § 1983 on 18 June 2, 2015. (Doc. No. 1.) He is proceeding pro se and in forma pauperis. (Doc. No. 5.) On 19 August 17, 2015, he filed his currently operative second amended complaint. (Doc. No. 11.) On 20 March 7, 2016, the assigned magistrate judge issued findings and recommendations 21 recommending that defendant’s motion to dismiss the second amended complaint be granted. 22 (Doc. No. 29.) The findings and recommendations contained notice that any written objections 23 were due within fourteen days after service. (Id. at 6.) No objections were filed. 24 However, on March 28, 2016, the court received notice of a change of address from 25 plaintiff indicating that he had been transferred to Salinas Valley State Prison. (Doc. No. 30.) 26 Accordingly, in order to ensure that plaintiff received proper notice, the court will direct the Clerk 27 of the Court to re-serve the March 7, 2016 findings and recommendations on plaintiff at his new 28 address of record and provide plaintiff with fourteen days from that re-service to file his written 1 1 objections, if any, to the March 7, 2016 findings and recommendations. 2 3 For the reasons set forth above: 1) 4 recommendations (Doc. No. 29) on plaintiff at his new address of record at: 5 Salinas Valley State Prison P.O. Box 1020 Soledad, CA 93960 6 7 The Clerk of the Court is directed to reserve the March 7, 2016 findings and 2) Plaintiff will be granted fourteen days from the date of re-service of the findings and 8 recommendations to file his written objections to those findings and recommendations, 9 if any. 10 11 IT IS SO ORDERED. Dated: April 4, 2016 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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