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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE W. SHUFELT, 12 Plaintiff, 13 14 No. 2:17-cv-1014 WBS CKD P v. FINDINGS AND RECOMMENDATIONS RAFAEL MIRANDA, et al., 15 Defendants. 16 On April 3, 2019, the court ordered plaintiff to inform the court within 30 days whether he 17 18 will amend his pleadings or proceed on his first amended complaint. Plaintiff was warned that 19 failure to respond to the order would result in a recommendation that this action be dismissed 20 pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Plaintiff has not responded to the 21 order. Although it appears from the docket that plaintiff’s copy of the April 3, 2019 order was 22 returned to the court as plaintiff has been paroled, plaintiff was properly served. It is the 23 plaintiff’s responsibility to keep the court apprised of his current address at all times; plaintiff has 24 failed to do so. Pursuant to Local Rule 182(f), service of documents at the record address of the 25 party is fully effective. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 27 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 28 ///// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 7 1991). 8 Dated: May 17, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 1 shuf1014.frs 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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