Herndon v. The People of California

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/06/17 recommending that this action be dismissed without prejudice for failure to prosecute. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERROD LONZELL HERNDON,

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Petitioner,

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No. 2:15-cv-2191 WBS AC P

v.

FINDINGS AND RECOMMENDATIONS

PEOPLE OF CALIFORNIA,

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Respondent.

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By an order filed November 7, 2016, petitioner was ordered to file a fully completed in

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forma pauperis application within thirty days, and was cautioned that failure to do so would result

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in a recommendation that this action be dismissed. ECF No. 12. The thirty day period has now

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expired, and petitioner has not responded to the court’s order and has not filed the required

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documents.
In addition, the November 7, 2016 court order was served on petitioner’s address of

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record and returned by the postal service marked “Paroled.” It appears that petitioner has failed

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to comply with Local Rule 182(f), which requires that a party appearing in propria persona

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inform the court of any address change. More than sixty-three days have passed since the court

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order was returned by the postal service and petitioner has failed to notify the Court of a current

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address.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for failure to prosecute. See Local Rule 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. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Any response to the objections shall be filed and served within

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fourteen days after service of the objections. The parties are advised that failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 6, 2017

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