Davis v. C.D.C.R. et al

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/25/17 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONNOR A. DAVIS,

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No. 2:16-cv-2906 MCE KJN P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

CDCR, et al.,

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Defendants.

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By order filed June 9, 2017, plaintiff’s second amended complaint was dismissed and

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thirty days leave to file a third amended complaint was granted. The thirty day period has now

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expired, and plaintiff has not filed a third amended complaint or otherwise responded to the

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court’s order.

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Although it appears from the file that plaintiff’s copy of the order was returned, 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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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 after
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being served with these findings and recommendations, plaintiff may file written objections with

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

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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Dated: July 25, 2017

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/davi2906.fta.nca

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