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