Ham v. CDCR et al

Filing 21

FINDINGS and RECOMMENDATIONS to Dismiss Action, signed by Magistrate Judge Jennifer L. Thurston on 3/12/19. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAMEON D. HAM,

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Plaintiff,
v.

1:17-cv-01435 LJO-JLT (PC)
FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION
FOURTEEN-DAY DEADLINE

CDCR, et al.,
Defendant.

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The Court served an order to plaintiff at his address of record. It was returned by the

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postal service. It appears that plaintiff has failed to comply with Local Rule 183(b), which

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requires him to inform the Court of any address change. More than sixty-three days have passed

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since the court order was returned by the postal service and plaintiff has failed to notify the Court

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of a current address. Accordingly, the Court RECOMMENDS that this action be dismissed

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without prejudice for failure to prosecute. See Local Rule 183(b).

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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 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Any response to the objections shall be filed and served within fourteen

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days after service of the objections. Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

March 12, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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