Johnson v. Cate et al

Filing 49

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 07/24/12 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL SAMUEL JOHNSON, 11 12 Plaintiff, No. 2:11-cv-2749 MCE CKD P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 16 FINDINGS AND RECOMMENDATIONS / By order filed June 20, 2012, plaintiff’s complaint was dismissed and thirty days 17 leave to file an amended complaint was granted. The thirty day period has now expired, and 18 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 19 Although it appears from the file that plaintiff’s copy of the order was returned, 20 plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his 21 current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 22 address of the party is fully effective. 23 24 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 fourteen 1 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 Dated: July 24, 2012 7 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 1/md 12 john2749.33a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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