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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MOODY WOODROW TANKSLEY,
12
Plaintiff,
13
14
15
No. 2:17-cv-0566 JAM CKD P
v.
FINDINGS & RECOMMENDATIONS
RIO COSUMNES CORRECTIONAL
CENTER, et al.,
Defendants.
16
17
On August 3, 2017, plaintiff was ordered to file a completed in forma pauperis application
18
19
or pay the filing fee within thirty days and was cautioned that failure to do so would result in
20
dismissal. The thirty day period has now expired, and plaintiff has not responded to the court’s
21
order. Although it appears from the file that plaintiff’s copy of court’s August 3, 2017 order was
22
returned to the court by the U.S. Postal Service because plaintiff no longer resides at the address
23
of record, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court
24
apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents
25
at the record address of the party is fully effective.
26
/////
27
/////
28
/////
1
1
2
3
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
4
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
5
after being served with these findings and recommendations, plaintiff may file written objections
6
with the court. The document should be captioned “Objections to Findings and
7
Recommendations.” Plaintiff is advised that failure to file objections within the specified time
8
may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th
9
Cir. 1991).
10
Dated: September 25, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
1/bh
tank0566.dis
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?