VanBuren v. Foulk

Filing 17

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/9/10 ORDERING that the Clerk assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice for failure to comply with a court order. Assigned and referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, 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 1 this action. IT IS THEREFORE RECOMMENDED that this action is dismissed without prejudice for failure to comply with a court order. vs. ED FOULK, Respondent. / On October 26, 2009, an order served on plaintiff's listed address was returned. On November 19, 2009, the court warned plaintiff that if he did not file his change of address within sixty days, the case would be dismissed. An order granting respondent's request for an extension of time served on plaintiff was also returned as undeliverable. Plaintiff has not filed his change of address or otherwise responded to the court's order of November 19, 2009. IT IS THEREFORE ORDERED that the Clerk of Court assign a district judge to ORDER AND FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MAURICE VAN BUREN, Petitioner, No. CIV S-09-1274 KJM P

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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 twentyone days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff 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: February 9, 2010.

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