Dibartolomeo v. Jimenez et al

Filing 48

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/27/17 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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSEPH ANTHONY DiBARTOLOMEO,

12

Plaintiff,

13
14

No. 2: 15-cv-2347 JAM KJN P

v.

FINDINGS & RECOMMENDATIONS

LINDA JIMINEZ, et al.,

15

Defendants.

16
17

A recent court order was served on plaintiff’s address of record and returned by the postal

18

service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that

19

a party appearing in propria persona inform the court of any address change.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

20
21

prejudice for failure to prosecute. See Local Rule 183(b).

22

These findings and recommendations are submitted to the United States District Judge

23

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

24

after being served with these findings and recommendations, plaintiff may file written objections

25

with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

26

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

27

days after service of the objections. Plaintiff is advised that failure to file objections within the

28

////
1

1

specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

2

F.2d 1153 (9th Cir. 1991).

3

Dated: November 27, 2017

4
5
6
7

Di2347.33a

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2