Tanksley v. Rio Cosumnes Correctional Center et al

Filing 8

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/25/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOODY WOODROW TANKSLEY,

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Plaintiff,

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No. 2:17-cv-0566 JAM CKD P

v.

FINDINGS & RECOMMENDATIONS

RIO COSUMNES CORRECTIONAL
CENTER, et al.,
Defendants.

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On August 3, 2017, plaintiff was ordered to file a completed in forma pauperis application

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or pay the filing fee within thirty days and was cautioned that failure to do so would result in

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dismissal. The thirty day period has now expired, and plaintiff has not responded to the court’s

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order. Although it appears from the file that plaintiff’s copy of court’s August 3, 2017 order was

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returned to the court by the U.S. Postal Service because plaintiff no longer resides at the address

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of record, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court

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apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents

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at the record address of the party is fully effective.

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In accordance with the above, IT IS HEREBY RECOMMENDED that this action be
dismissed without prejudice. See Fed. R. Civ. P. 41(b).
These findings and recommendations will be 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 days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Findings and

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

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

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Cir. 1991).

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Dated: September 25, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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tank0566.dis

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