Parker v. Billoups

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/20/2017 RECOMMENDING that this action be dismissed, and that the Clerk be directed to close this case. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (York, 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 AKIKA PARKER, 12 Plaintiff, 13 14 No. 2:16-cv-2008-KJM-EFB PS v. FINDINGS AND RECOMMENDATIONS ANTWAUN BILLOUPS, 15 Defendant. 16 On October 3, 2017, the court dismissed plaintiff’s complaint with leave to amend.1 The 17 18 order explained the complaint’s deficiencies, gave plaintiff thirty days to file an amended 19 complaint correcting those deficiencies, and warned plaintiff that failure to file an amended 20 complaint would result in a recommendation that this action be dismissed. ECF No. 3. The deadline has passed and plaintiff has not filed an amended complaint or otherwise 21 22 responded to the order.2 23 ///// 24 1 25 26 27 28 This action, in which plaintiff is proceeding in propria persona, was referred to the undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 2 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed, and that the Clerk be directed to close this case. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110. 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, plaintiff may file written objections 6 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Failure to file objections within the specified time may waive the right 8 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 9 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: November 20, 2017. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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