Turner v. Colon

Filing 149

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/24/2015 RECOMMENDING that this action be dismissed without prejudice for failure to comply with a court order and failure to prosecute. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEO B. TURNER, JR.,

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No. 2:11-cv-2343 KJM AC P

Plaintiff,

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v.

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R. COLON, et al.,

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FINDINGS & RECOMMENDATIONS

Defendants.

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On July 13, 2015, plaintiff filed a notice of change of address. ECF No. 145. However,

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no new address was provided on the notice. Id. On July 21, 2015, plaintiff was ordered to file,

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within twenty-one days, either (1) a notice confirming his address was still 742 K Street, Merced,

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CA 95341, or (2) a notice of change of address that included his current address within the notice.

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ECF No. 148. Plaintiff was warned that failure to comply with the order would result in a

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recommendation that this action be dismissed without prejudice. Id. Twenty-one days have

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passed and plaintiff has not filed a notice confirming or updating his address or otherwise

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responded to the order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice for failure to comply with a court order and failure to prosecute. See Local Rule 110;

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Local Rule 183(b).

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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be served and filed within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: August 24, 2015

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