Shufelt v. Miranda et al

Filing 40

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/17/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE W. SHUFELT,

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Plaintiff,

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No. 2:17-cv-1014 WBS CKD P

v.

FINDINGS AND RECOMMENDATIONS

RAFAEL MIRANDA, et al.,

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Defendants.

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On April 3, 2019, the court ordered plaintiff to inform the court within 30 days whether he

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will amend his pleadings or proceed on his first amended complaint. Plaintiff was warned that

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failure to respond to the order would result in a recommendation that this action be dismissed

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pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Plaintiff has not responded to the

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order. Although it appears from the docket that plaintiff’s copy of the April 3, 2019 order was

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returned to the court as plaintiff has been paroled, plaintiff was properly served. It is the

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plaintiff’s responsibility to keep the court apprised of his current address at all times; plaintiff has

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failed to do so. Pursuant to Local Rule 182(f), service of documents at the record address of the

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party is fully effective.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 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 after

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

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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

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

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1991).

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Dated: May 17, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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shuf1014.frs

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