Anderson et al v. Parske et al

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/20/15 RECOMMENDING that this action be dismissed without prejudice for plaintiffs' failure to prosecute and failure to keep the court apprised of their current address re 1 Complaint 4 5 . Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRETT ANDERSON, MICHELLE
ANDERSON, P.J. ANDERSON, a minor,
Plaintiffs,

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No. 2:13-cv-208-TLN-EFB PS

FINDINGS AND RECOMMENDATIONS
v.
KRISTEN PARSKE, et al.,
Defendants.

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This case, in which plaintiffs are proceeding in propria persona, was referred to the

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undersigned pursuant to 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule

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302(c)(21). On November 7, 2014, the court issued an order directing the Clerk to send plaintiffs

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the forms necessary for the U.S. Marshal to effect service of process. That order was served on

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plaintiffs’ address of record and each copy was returned as undeliverable by the postal service.

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Service cannot be properly effected without the plaintiffs providing the needed information by

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completing the forms. It also appears that plaintiffs have failed to comply with Local Rules

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182(f) & 183(b), which requires all parties, including a party appearing in propria persona, to

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inform the court of any address change. If mail directed to a plaintiff in propria persona by the

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Clerk is returned by the U.S. Postal Service, and if such plaintiff fails to notify the Court and

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opposing parties within sixty-three (63) days thereafter of a current address, the Court may

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dismiss the action without prejudice for failure to prosecute.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice for plaintiffs’ failure to prosecute and failure to keep the court apprised of their current

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address. See Local Rules 100, 182(f), 183(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, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: March 20, 2015.

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