Spade v. California Department of Corrections and Rehabilitation

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/12/15 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN SPADE,

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No. 2:15-cv-0199 KJN P

Plaintiff,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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By an order filed February 3, 2015, plaintiff was ordered to file an in forma pauperis

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affidavit and certified trust account statement within thirty days and was cautioned that failure to

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do so would result in a recommendation that this action be dismissed. The thirty day period has

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now expired, and plaintiff has not responded to the court’s order and has not filed an in forma

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pauperis affidavit and certified trust account statement.

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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.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign
a district judge to this case; and
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IT IS RECOMMENDED that this action be dismissed without prejudice.

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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: March 12, 2015

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/spad0199.fifp

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