Spearman v. Moore et al

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/07/17 recommending that this action be dismissed without prejudice for failure to prosecute. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, 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 RUSSELL SPEARMAN, 12 13 14 15 No. 2:15-cv-0936 JAM AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS D. MOORE, et al., Defendants. 16 17 A recent notification from the court was served on plaintiff’s address of record and 18 returned by the postal service. It appears that plaintiff has failed to comply with Local Rule 19 183(b), which requires that a party appearing in propria persona inform the court of any address 20 change. More than sixty-three days have passed since the court notification was returned by the 21 postal service and plaintiff has failed to notify the court of a current address. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See L.R. 183(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, any party may file written 27 objections with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 1 1 objections shall be served and filed within fourteen days after service of the objections. The 2 parties are advised that failure to file objections within the specified time may waive the right to 3 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: February 7, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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