Rucker v. Ferrara

Filing 18

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/27/2015 DIRECTING the Clerk to serve a copy of this order on plaintiff at both his address of record and at 19 Werden St., Vallejo, CA 94590; AND RECOMMENDING that this action be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b). Referred to Judge Morrison C. England, Jr.; 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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KEITH RUCKER,

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No. 2:14-cv-2523 MCE AC P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

THOMAS A. FERRARA,
Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On February 12, 2015, defendants filed a motion to dismiss. ECF No. 11. On

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April 6, 2015, plaintiff was ordered to file an opposition or a statement of non-opposition to the

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pending motion within twenty-one days. ECF No. 16. In the same order, plaintiff was informed

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that failure to file an opposition would result in a recommendation that this action be dismissed

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without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).

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On April 22, 2015, the April 6, 2015 order was re-served on plaintiff at an alternate

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address and plaintiff was given an additional twenty-one days to comply with the order. ECF No.

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17. Plaintiff was also ordered to file a notice of change of address within twenty-one days and to

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pay the filing fee or submit a non-prisoner application to proceed in forma pauperis within thirty

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days. Id. The twenty-one and thirty-day periods have now expired, and plaintiff has not

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responded to the court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to serve a

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copy of this order on plaintiff at both his address of record and at 19 Werden St., Vallejo, CA

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94590.

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IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice
pursuant to Federal Rule of Civil Procedure 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 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: May 27, 2015

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