Tombs v. Rackly, et al

Filing 24

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 08/05/14 recommending that this action be dismissed without prejudice. 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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LARRY E. TOMBS,

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Plaintiff,

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No. 2:13-cv-1341 JAM KJN P

v.

FINDINGS AND RECOMMENDATIONS

WARDEN RON RACKLEY, et al.,

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Defendants.

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By order filed April 21, 2014, plaintiff’s amended complaint was dismissed and thirty

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days leave to file a second amended complaint was granted. On June 26, 2014, plaintiff was

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granted an additional thirty days in which to file a second amended complaint. Such thirty day

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period has now expired, and plaintiff has not filed a second amended complaint or otherwise

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responded to the court’s order.
Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff

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was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current

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address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of

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the party is fully effective.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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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 after

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

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

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

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

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1991).

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Dated: August 5, 2014

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/tomb1341.fta2

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