Stevens v. John Doe 1-3

Filing 7

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/25/14 ORDERING that the Clerk of the Court randomly assign a United States District Judge to this case; it is RECOMMENDED that this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMY D. STEVENS,

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Plaintiff,

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No. 2:14-cv-1643-EFB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

JOHN DOE 1-3, Supervisors, United States
Postal Service, Sacramento, et al.,
Defendants.

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Plaintiff is a county inmate proceeding without counsel in a civil action. On July 21,

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2014, the postal service returned documents directed to plaintiff as “undeliverable, not deliverable

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as addressed.” A party appearing without counsel must keep the court and all parties apprised of

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his current address. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service

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and plaintiff fails to notify the court and opposing parties within 63 days thereafter of her current

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address, the court may dismiss the action without prejudice for failure to prosecute. Id. More

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than 63 days have passed since the postal service returned the mail and plaintiff has not notified

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the court of his current address.
Accordingly, it is hereby ORDERED that the Clerk of the Court randomly assign a United

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States District Judge to this case.

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/////
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Further, IT IS HEREBY RECOMMENDED that this action be dismissed. See Fed. R.
Civ. P. 41(b); E.D. Cal. L.R. 110, 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: September 25, 2014.

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