Stevens v. Butte County Jail et al

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/11/2017 ORDERING Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DONALD LAROY STEVENS, 11 12 13 No. 2:17-cv-1369 DB P Plaintiff, v. ORDER, FINDINGS AND RECOMMENDATIONS BUTTE COUNTY JAIL, et al., 14 Defendants. 15 16 New case documents were served on plaintiff’s address of record and returned by the 17 postal service. It appears that plaintiff has failed to comply with Local Rule 183(b), which 18 requires that a party appearing in propria persona inform the court of any address change. More 19 than sixty-three days have passed since the documents were returned by the postal service and 20 plaintiff has failed to notify the court of a current address. 21 22 23 24 Accordingly, the Clerk of the Court is HEREBY ORDERED to assign a district judge to this case; and 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 Dated: October 11, 2017 6 7 8 9 10 11 12 13 14 DLB:9 DB/orders.prisoner civil rights/stev1369.33a 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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