Ames v. Swarthout

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 7/25/2011 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute; Referred to Judge Morrison C. England, Jr.; Objections due within 14 days after being served with these F & R's. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY M. AMES,
Petitioner,

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vs.

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No. 2:11-cv-0565 MCE JFM (HC)

G. SWARTHOUT,

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Respondent.

FINDINGS AND RECOMMENDATIONS
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A recent court order was served on petitioner’s address of record and returned by

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the postal service. It appears that petitioner has failed to comply with Local Rule 183(b), which

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requires that a party appearing in propria persona inform the court of any address change. More

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than sixty-three days have passed since the court order was returned by the postal service and

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petitioner has failed to notify the Court of a current address.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice for failure to prosecute. See Local Rule 183(b).
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 fourteen

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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 may waive 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: July 25, 2011.

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/mp014;ames0565.133a

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