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.)

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