Moore v. CDCR Director et al

Filing 10

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 04/15/15 ORDERING the clerk of the court randomly assign a United States District Judge to this action. U.S. District Judge John A. Mendez randomly assigned to this action. In addition to mailing a copy of this order to plaintiff at his address of record, the Clerk of the Court shall mail a copy to plaintiff at the following address: California Men's Colony, P.O. Box 8103, San Luis Obispo, CA, 93409-8103. Also, RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH MOORE, JR.,

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No. 2:12-cv-01240 AC P

Plaintiff,
v.

ORDER AND FINDINGS &
RECOMMENDATIONS

CDCR DIRECTOR, et al.,
Defendants.

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By order filed August 2, 2012, plaintiff’s complaint was dismissed and he was granted

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leave to file an amended complaint within twenty-eight days. ECF No. 6. Twenty-eight days

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from that date have long since passed, and plaintiff has not filed an amended complaint, or

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otherwise responded to the court’s order. No documents have been filed in this case, nor any

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correspondence received from plaintiff, since the motion to proceed in forma pauperis which was

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filed on June 27, 2012 (prior to the appointment of the undersigned.) The court also notes that the

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California Department of Corrections and Rehabilitation website indicates that plaintiff’s address

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of record is no longer accurate. The Clerk of the Court will be directed to mail a copy of this

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order to the plaintiff’s address as listed on the California Department of Corrections and

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Rehabilitation website.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court randomly assign a United States District Judge to this action.
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2. In addition to mailing a copy of this order to plaintiff at his address of record, the Clerk

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of the Court shall mail a copy to plaintiff at the following address: California Men’s Colony, P.O.

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Box 8103, San Luis Obispo, CA 93409-8103.

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IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice for
failure to prosecute. See Local Rule 110; Fed. R. Civ. P. 41(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, plaintiff may file written objections

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

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

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: April 15, 2015

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