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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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PAUL SAMUEL JOHNSON,
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Plaintiff,
No. 2:11-cv-2749 MCE CKD P
vs.
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MATTHEW CATE, et al.,
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Defendants.
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FINDINGS AND RECOMMENDATIONS
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By order filed June 20, 2012, plaintiff’s complaint was dismissed and thirty days
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leave to file an amended complaint was granted. The thirty day period has now expired, and
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plaintiff has not filed an amended complaint or otherwise responded to the court’s order.
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Although it appears from the file that plaintiff’s copy of the order was returned,
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plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his
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current address at all times. Pursuant to Local Rule 182(f), service of documents at the record
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address of the party is fully effective.
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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
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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.” Plaintiff is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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Dated: July 24, 2012
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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1/md
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john2749.33a
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