Spohn v. Trinity County District Attorney's Office et al

Filing 27

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/5/13 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

PAUL N. SPOHN,

11

Plaintiff,

12

No. 2:12-cv-0565 KJM CKD P

vs.

13
14

TRINITY COUNTY DISTRICT
ATTORNEY’S OFFICE, et al.,

15

Defendants.

16

FINDINGS & RECOMMENDATIONS
/

17

By order filed January 31, 2012, plaintiff was directed to file a Second Amended

18

Complaint on or before February 19, 2013. That period has now expired, and plaintiff has not

19

filed an amended complaint or otherwise responded to the court’s order.

20

Although it appears from the file that plaintiff’s copy of the January 19, 2013

21

order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the

22

court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of

23

documents at the record address of the party is fully effective.

24

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed

25

without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

26

\\\\\
1

1

These findings and recommendations are submitted to the United States District

2

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

3

days after being served with these findings and recommendations, plaintiff may file written

4

objections with the court. The document should be captioned “Objections to Magistrate Judge’s

5

Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

6

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

7

F.2d 1153 (9th Cir. 1991).

8

Dated: March 5, 2013

9

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

10
11
12

2
spoh0565.fta

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2