Judd v. Obama et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/4/15 recommending that this action be dismissed without prejudice. F&R referred to Judge Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH JUDD,

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No. 2:13-cv-0537 KJM AC (PS)
Plaintiff,

v.

FINDINGS & RECOMMENDATIONS

BARACK OBAMA, et al.,
Defendants.

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Plaintiff, proceeding pro se, has for the third time failed to comply with the court’s orders

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that he file a statement with the court affirming that he has submitted the required service

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documents to the United States Marshal.

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On May 23, 2013, plaintiff was ordered to file the statement within 21 days. See ECF

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No. 3 ¶ 5. Plaintiff requested and received an extension of time, and was ordered to file the

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statement no later than September 20, 2013. See ECF No. 8. When this order was returned as

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“undeliverable,” and no forwarding address was supplied, the court recommended that the action

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be dismissed for failure to prosecute. ECF No. 9. After plaintiff supplied a new address, the

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court vacated the dismissal recommendation and ordered plaintiff to file the statement no later

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than September 19, 2014. ECF No. 11. On September 2, 2014, plaintiff notified the court of

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another change of address (ECF No. 12), but to date, he still has not filed the required statement.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for failure to prosecute. See Local Rule 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.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: June 4, 2015

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