Dean v. Rausser

Filing 6

FINDINGS and RECOMMENDATIONS signed Magistrate Judge Gregory G. Hollows on 9/19/17 Recommending that this action be dismissed without prejudice for failure to prosecute re 3 Amended Complaint filed by Michael Dean, 1 Complaint filed by Michael Dean. These Findings and Recommendations are submitted to District Judge Kimberly J. Mueller; Objections to these Findings and Recommendations due within fourteen days. (Mena-Sanchez, L) Modified on 9/20/2017 (Mena-Sanchez, L).

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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 MICHAEL DEAN, 12 No. 2:17-cv-01361-KJM-GGH Plaintiff, 13 v. 14 ROMELDA RAUSSER, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 A court order was served on plaintiff’s address of record on July 12, 201, ECF No.5, and 18 returned by the postal service as undeliverable and unable to forward on July 19, 2017. It appears 19 that plaintiff has failed to comply with Local Rule 183(b), which requires that a party appearing 20 in pro se inform the court of any address change. More than sixty-three days have passed since 21 the court order was returned by the postal service and plaintiff has failed to notify the Court of a 22 current address. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, plaintiff may file written objections 28 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 1 1 and Recommendations.” Any response to the objections shall be filed and served within fourteen 2 days after service of the objections. Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 6 7 IT IS SO ORDERED. Dated: September 19, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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