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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEAN,

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No. 2:17-cv-01361-KJM-GGH

Plaintiff,

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v.

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ROMELDA RAUSSER,

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FINDINGS AND RECOMMENDATIONS

Defendant.

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A court order was served on plaintiff’s address of record on July 12, 201, ECF No.5, and

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returned by the postal service as undeliverable and unable to forward on July 19, 2017. It appears

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that plaintiff has failed to comply with Local Rule 183(b), which requires that a party appearing

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in pro se inform the court of any address change. More than sixty-three days have passed since

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

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current address.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice for failure to prosecute. See Local Rule 183(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. The document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Any response to the objections shall be filed and served within fourteen

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days after service of the objections. Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated: September 19, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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