Clark v. Farinas et al

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/18/18 ORDERING the Clerk of the Court randomly assign a United States District Judge to this action. Also, RECOMMENDING that the complaint be dismissed without prejudice for failure to obey a court order. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LOUREECE STONE CLARK,

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Plaintiff,

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No. 2:17-cv-0727 DB P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

DELL FARINAS, et al.,

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Defendants.

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By order issued March 30, 2018, plaintiff’s complaint was dismissed and thirty days leave

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to file an amended complaint was granted. (See ECF No. 9). The thirty-day period has now

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expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s

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order.

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Although it appears from the file that plaintiff’s copy of the order was returned as

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undeliverable due to the fact that plaintiff is no longer in custody, plaintiff was properly served.

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Service of documents at the record address of the party is fully effective. See L.R. 182(f).
Moreover, it is the plaintiff’s responsibility to keep the court apprised of his current

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address at all times. See L.R. 183(b). More than sixty-three days have passed since the court

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order was returned by the postal service, and plaintiff has failed to notify the court of a current

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address.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a
United States District Judge to this action.
IT IS FURTHER RECOMMENDED that the complaint be dismissed without prejudice
for failure to obey a court order. See Fed. R. Civ. Proc. 41(b).

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These findings and recommendations are 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. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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

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

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(9th Cir. 1991).

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Dated: June 18, 2018

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/clar0727.fta.nca

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