Zamora v. Davis et al

Filing 3

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/19/15 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY ZAMORA, Jr., 12 Plaintiff, 13 14 v. No. 2:14-cv-2909 TLN DAD PS ORDER WILLIAM DAVIS, et al., 15 Defendants. 16 17 By order signed April 30, 2015, plaintiff’s pro se complaint was dismissed and he was 18 granted leave to file an amended complaint that cured the defects noted in that order. Plaintiff 19 was granted twenty-eight days from the date of the order to file an amended complaint and was 20 specifically cautioned that failure to respond to the court’s order in a timely manner may result in 21 a recommendation that this action be dismissed. The twenty-eight day period has expired, and 22 plaintiff has not responded to the court’s order in any manner.1 23 ///// 24 ///// 25 ///// 26 1 27 28 Although it appears from the docket that plaintiff’s copy of the April 30, 2015 order was returned to the court as undeliverable, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; FED. R. CIV. P. 41(b). These findings and recommendations will be submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. A document containing objections should be titled “Objections to Magistrate 7 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 8 the specified time may waive the right to appeal the District Court’s order. See Martinez v. Ylst, 9 951 F.2d 1153 (9th Cir. 1991). 10 Dated: June 19, 2015 11 12 13 14 15 DAD:6 Ddad1\ se\zamora2909.fta.f&rs.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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