Osorio et al v. Rio Cosumnes Correctional Center

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/13/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS DANIEL OSORIO ZUNIGA,

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Plaintiff,

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No. 2:16-cv-2486 JAM KJN P

v.

FINDINGS & RECOMMENDATIONS

RIO COSUMNES CORRECTIONAL
CENTER,
Defendant.

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By order filed August 31, 2017, plaintiff’s complaint was dismissed and thirty days leave

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to file a second amended complaint was granted. Thirty days from that date have now passed,

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and plaintiff has not filed a second amended complaint, or otherwise responded to the court’s

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order.
Although it appears from the file that plaintiff’s copy of the order was returned,1 plaintiff

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was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current

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address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of

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the party is fully effective.

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The return was marked “undeliverable, not in custody.” (Sept. 18, 2017 Docket Entry.)
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(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, plaintiff may file written objections

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with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 13, 2017

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/zuni2486.fta2

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