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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERROD LONZELL HERNDON, 12 Petitioner, 13 14 No. 2:15-cv-2191 WBS AC P v. FINDINGS AND RECOMMENDATIONS PEOPLE OF CALIFORNIA, 15 Respondent. 16 By an order filed November 7, 2016, petitioner was ordered to file a fully completed in 17 18 forma pauperis application within thirty days, and was cautioned that failure to do so would result 19 in a recommendation that this action be dismissed. ECF No. 12. The thirty day period has now 20 expired, and petitioner has not responded to the court’s order and has not filed the required 21 documents. In addition, the November 7, 2016 court order was served on petitioner’s address of 22 23 record and returned by the postal service marked “Paroled.” It appears that petitioner has failed 24 to comply with Local Rule 182(f), which requires that a party appearing in propria persona 25 inform the court of any address change. More than sixty-three days have passed since the court 26 order was returned by the postal service and petitioner has failed to notify the Court of a current 27 address. 28 //// 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 3 These findings and recommendations are 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, any party may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Any response to the objections shall be filed and served within 8 fourteen days after service of the objections. The parties are advised that failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 10 Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: February 6, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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