Dial v. Matevousion, et al.
Filing
20
FINDINGS and RECOMMENDATIONS that the Court Dismiss the 9 Case for Plaintiff's Failure to Prosecute; ORDER to ASSIGN Case to District Court Judge signed by Magistrate Judge Jeremy D. Peterson on 11/1/2018. Referred to Judge Dale A. Drozd. Objections to F&R due within Fourteen (14) Days. (Sant Agata, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
SHAUNDELLE DIAL,
12
13
14
15
Plaintiff,
v.
ANDRE MATEVOUSION, et al.,
Defendants.
Case No. 1:18-cv-00679-JDP
FINDINGS AND RECOMMENDATIONS THAT
THE COURT DISMISS THE CASE FOR
PLAINTIFF’S FAILURE TO PROSECUTE
ORDER TO ASSIGN CASE TO DISTRICT
COURT JUDGE
FOURTEEN-DAY DEADLINE
16
17
18
Plaintiff is a federal prisoner proceeding without counsel in this civil rights action
19
brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388
20
(1971). On July 26, 2018, the court issued an order granting plaintiff’s application to proceed in
21
forma pauperis. ECF No. 19. On August 8, 2018, that order was returned to the court as
22
undeliverable with the following notation: “Undeliverable, Not Deliverable as Addressed,
23
Unable to Forward.”
24
Plaintiff has an obligation to keep the court apprised of his current address. Local Rule
25
183(b) provides, “If mail directed to a plaintiff in propria persona by the Clerk is returned by
26
the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within
27
sixty-three (63) days thereafter of a current address, the Court may dismiss the action without
28
1
1
prejudice for failure to prosecute.” Under Local Rule 183(b), plaintiff’s notice of address
2
change was due by October 10, 2018, but he failed to file one. Accordingly, the court will
3
recommend dismissal without prejudice.
4
Order
5
6
The clerk of court is directed to assign this case to a district judge who will review the
findings and recommendations.
7
Findings and Recommendations
The court recommends that the case be dismissed without prejudice for plaintiff’s failure
8
9
to prosecute under Local Rule 183(b).
10
The undersigned submits the findings and recommendations to the district judge
11
presiding over this case under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of
12
Practice for the United States District Court, Eastern District of California. Within 14 days of
13
the service of the findings and recommendations, plaintiff may file written objections to the
14
findings and recommendations with the court and serve a copy on all parties. That document
15
should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The
16
district judge will review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C).
17
Plaintiff’s failure to file objections within the specified time may result in the waiver of rights
18
on appeal. See Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).
19
20
IT IS SO ORDERED.
21
Dated:
22
November 1, 2018
UNITED STATES MAGISTRATE JUDGE
23
24
25
26
27
28
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?