Blank v. Sacramento County Sheriff et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/26/2017 RECOMMENDING that Plaintiff's action be dismissed with prejudice for failure to prosecute. Judgment be entered against Plaintiff. Referred to Judge Troy L. Nunley. Objections to F&R due within 14 days. (Zignago, 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 PAUL LOUIS BLANK, Plaintiff, 12 13 14 No. 2:17-cv-00300 TLN GGH v. FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY SHERIFF, et al., 15 Defendants. 16 17 18 Plaintiff, acting in propria persona, filed his complaint under 42 U.S.C. § 1983 on 19 February 13, 2017. ECF No. 1. On February 23, 2017 the Magistrate Judge issued and Order 20 dismissing the complaint without prejudice, i.e., dismissed with leave to amend, and providing 21 instructions regarding the necessary content for any amended complaint plaintiff might file. ECF 22 No. 3. In that Order the Magistrate Judge cautioned plaintiff that a failure to so file within 23 twenty-one (21) days might result in a recommendation that his complaint be dismissed with 24 prejudice. 25 Plaintiff has not filed an amended complaint. The mailed copy of the foregoing order was 26 returned to the court as undeliverable on March 7, 2017. Pursuant to Eastern District of 27 California Local Rule 183(b), a person appearing in propria persona has a duty to keep the Court 28 advised of his current address within sixty-three (63) days of any change. Further, the Rule 1 1 provides that failure to comply permits the Court to dismiss the action without prejudice for 2 failure to prosecute if mail sent to the provided address is returned to the Clerk by the U.S. Postal 3 Service, as has occurred here. 4 IT IS THEREFORE RECOMMENDED THAT: 5 1. Plaintiff’s action be dismissed with prejudice for failure to prosecute; 6 2. Judgment be entered against Plaintiff. 7 These findings and recommendations are submitted to the United States District 8 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen 9 days after being served with these findings and recommendations, Plaintiff may file written 10 objections with the court. Such a document should be captioned “Objections to Magistrate 11 Judge’s Amended Findings and Recommendations.” Plaintiff is warned that failure to file 12 objections within the specified time may waive his right to appeal the District Court’s order. 13 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir.1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 14 (9th Cir. 1991). 15 Dated: May 26, 2017 16 17 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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