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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS DANIEL OSORIO ZUNIGA, 12 Plaintiff, 13 14 15 No. 2:16-cv-2486 JAM KJN P v. FINDINGS & RECOMMENDATIONS RIO COSUMNES CORRECTIONAL CENTER, Defendant. 16 17 By order filed August 31, 2017, plaintiff’s complaint was dismissed and thirty days leave 18 19 to file a second amended complaint was granted. Thirty days from that date have now passed, 20 and plaintiff has not filed a second amended complaint, or otherwise responded to the court’s 21 order. Although it appears from the file that plaintiff’s copy of the order was returned,1 plaintiff 22 23 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 24 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 25 the party is fully effective. 26 //// 27 28 1 The return was marked “undeliverable, not in custody.” (Sept. 18, 2017 Docket Entry.) 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(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, plaintiff may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: October 13, 2017 11 12 13 /zuni2486.fta2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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