Harmon v. Fox et al
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/28/11 ORDERING that the Clerk of the Court shall assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RODNEY LANCE HARMON,
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Plaintiff,
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vs.
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No. 2: 10-cv-3147 KJN P
DR. FOX, et al.,
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ORDER AND
Defendants.
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FINDINGS & RECOMMENDATIONS
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A court order was served on plaintiff’s address of record and, on May 13, 2011,
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returned by the postal service. On May 20, 2011, plaintiff was ordered to show cause within
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thirty days why this action should not be dismissed for his failure to file a notice of change of
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address as required by Local Rule 183(b). The May 20, 2011 order was also returned by the
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postal service.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign
a district judge to this action;
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IT IS HEREBY RECOMMENDED that this action be dismissed without
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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-
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one days after being served with these findings and recommendations, plaintiff may file written
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objections with the court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Any response to the objections shall be filed and served
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within fourteen days after service of the objections. Plaintiff is advised that failure to file
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objections within the specified time waives the right to appeal the District Court’s order.
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: June 28, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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har3147.fta
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