Thomas v. Orozco, et al.

Filing 9

ORDER Directing Clerk of Court to Assign Case to a District Judge; FINDINGS and RECOMMENDATIONS recommending that the Case be DISMISSED Without Prejudice for Plaintiff's Failure to Prosecute Under Local Rule 183(b) re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Jeremy D. Peterson on 2/27/2019. This case has been assigned to Chief Judge Lawrence J. O'Neill and Magistrate Judge Jeremy D. Peterson. Referred to Judge O'Neill. Objections to F&R due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEONTRAY THOMAS,

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Plaintiff,
v.
JAIME OROZCO, et al.,

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Defendants.

Case No. 1:18-cv-00191-JDP
FINDINGS AND RECOMMENDATIONS
THAT THE COURT DISMISS THIS CASE
WITHOUT PREJUDICE FOR FAILURE TO
PROSECUTE
ECF No. 1
OBJECTIONS DUE IN 14 DAYS

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Plaintiff is a former inmate at Kern County Jail proceeding without counsel in this civil
rights action brought under 42 U.S.C. § 1983. On September 10, 2018, we ordered plaintiff to
show cause why his case should not be dismissed. ECF No. 8. On October 3, 2018, that order
was returned to the court as undeliverable with the following notation: “Undeliverable, Not in
Custody.”
Plaintiff has an obligation to keep the court apprised of his current address. Local Rule
183(b) provides, “If 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.” Under Local Rule 183(b), plaintiff’s notice of address

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change was due by December 5, 2018, but he failed to file one. Accordingly, we recommend

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dismissal without prejudice.

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Order

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The clerk of court is directed to assign this case to a district judge who will review the
findings and recommendations.

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Findings and Recommendations
The court recommends that the case be dismissed without prejudice for plaintiff’s failure

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to prosecute under Local Rule 183(b).

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These findings and recommendations are submitted to the U.S. district judge presiding

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over the case under 28 U.S.C. § 636(b)(1)(B) and Local Rule 304. Within 14 days of the service

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of the findings and recommendations, the parties may file written objections to the findings and

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recommendations with the court and serve a copy on all parties. That document must be

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captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The presiding

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district judge will then review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C).

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IT IS SO ORDERED.

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Dated:

February 27, 2019

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UNITED STATES MAGISTRATE JUDGE

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No. 204

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