(PC) Smith v. Pfeiffer, et al.

Filing 21

ORDER WITHDRAWING 18 Findings and Recommendations signed by Magistrate Judge Helena M. Barch-Kuchta on 06/07/2021.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARMAAL SMITH,

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Plaintiff,
v.
CHRISTIAN PFEIFFER, et al.,

Case No. 1:19-cv-00437-NONE-HBK
ORDER WITHDRAWING FINDINGS AND
RECOMMENDATIONS
(Doc. No. 18)

Defendants.

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On May 3, 2021, the undersigned submitted Findings and Recommendations that this

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matter be dismissed without prejudice for Plaintiff’s failure to prosecute this action. (Doc. No.

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18). On June 4, 2021, Plaintiff filed objections to the Findings and Recommendations,

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contending he had not received the Court’s earlier Order to Show Cause because he was

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repeatedly transferred within the California correctional system. (Doc. No. 20). Plaintiff also

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recently filed a Notice of Change of Address. (Doc. No. 19). In his objections, Plaintiff states he

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wishes to prosecute this action, will keep the court appraised of his address, and does not wish to

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file an amended complaint but will proceed on his original complaint. (Doc. No. 20 at 2).

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The Court will withdraw its Findings and Recommendation and screen Plaintiff’s

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complaint in due course. Plaintiff is reminded that under Local Rule 183(b) it is his responsibility

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to apprise the Court of all address changes, and his failure to timely do so constitutes cause for

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dismissal.

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Accordingly, it is ORDERED:

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The Findings and Recommendations entered on May 3, 2021 (Doc. No. 18) are

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WITHDRAWN.

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IT IS SO ORDERED.

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Dated:
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June 7, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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