Fernando v. People of the State of California

Filing 20

[VACATED PURSUANT TO 02/17/09 ORDER]FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/16/09 Recommending that this Action be dismissed for Petitioner's failure to keep the court apprised of his current address. Thes e Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Within twenty days after being served with these Findings and Recommendations, Petitioner may file written objections with the Court. (Mena-Sanchez, L) Modified on 2/17/2009 (Plummer, M).

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 vs. JOHN MARSHALL, Respondent. / Recent court orders have been served on petitioner's address of record and returned by the postal service. It appears that petitioner has failed to comply with Local Rule 83182(f), which requires that a party appearing in propria persona inform the court of any address change. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for petitioner's failure to keep the court apprised of his current address. See Local Rules 83-182(f) and 11-110 (E.D. Cal. 1997). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's 1 FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LORETO L. FERNANDO, Petitioner, No. CIV S-08-2610 MCE GGH P

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Findings and Recommendations." Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: January 16, 2009 /s/ Gregory G. Hollows

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GGH:009 fern2610.133a

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE