Leyva v. Fong

Filing 10

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/11/2014 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; 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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BOBBY LEYVA,

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Plaintiff,

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No. 2:12-cv-3072 TLN DAD P

v.

FINDINGS AND RECOMMENDATIONS

MARTON FONG,

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Defendants.

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By an order filed January 29, 2014, this court ordered plaintiff to complete and return to

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the court, within thirty days, the USM-285 forms necessary to effect service on defendant Fong.

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That thirty day period has since passed, and plaintiff has not responded in any way to the court’s

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order.

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Although it appears from the court’s file that plaintiff’s copy of the January 29, 2014

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order was returned as undeliverable, plaintiff was properly served. It is the plaintiff’s

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responsibility to keep the court apprised of his current address at all times. Pursuant to Local

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Rule 182(f), service of documents at the record address of the party is fully effective.

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Fed. R. Civ. P. 41(b).
These findings and recommendations will be 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 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 Findings and

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

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: March 11, 2014

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DAD:9
leyv3072.fusm

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