Cummings v. Peterson et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/19/2017 ORDERING Clerk of Court to appoint a district judge and serve this order on the Los Angeles County Probation Department, 1660 W. Mission Blvd., Pomona, CA, 91767; Attention Probation Officer Travon Jackson /AB 109 Unit and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. 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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DAVID T. CUMMINGS,

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Plaintiff,

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No. 2: 17-cv-1174 KJN P

v.

ORDER & FINDINGS &
RECOMMENDATIONS

CARLA PETERSON, et al.,

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Defendants.

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On August 9, 2017, the undersigned granted plaintiff twenty-one days to show cause why

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this action should not be dismissed for his failure to keep the court apprised of his current

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address, as required by Local Rule 183(b). Twenty-one days passed and plaintiff failed to

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respond to the August 9, 2017 order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to appoint a district judge to this action;

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2. The Clerk of the Court is directed to serve this order on the Los Angeles County

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Probation Department, 1660 W. Mission Blvd., Pomona, CA, 91767; Attention Probation Officer

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Travon Jackson /AB 109 Unit; and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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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 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 and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: September 19, 2017

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Cumm1174.fta

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