Polk v. CFMG et al

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/20/2017 DIRECTING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL E. POLK,

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Plaintiff,

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No. 2:17-cv-2319 KJN P
ORDER AND FINDINGS AND
RECOMMENDATIONS

v.
CFMG, et al.,

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Defendants.

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Plaintiff is a former county jail inmate. By an order filed November 15, 2017, plaintiff

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was ordered to file a completed in forma pauperis affidavit and a certified copy of his prison trust

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account statement, or pay the court’s filing fee, and was cautioned that failure to do so would

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result in a recommendation that this action be dismissed. The thirty day period has now expired,

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and plaintiff has not responded to the court’s order and has not filed the required documents or

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paid the filing fee.

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Although it appears from the file that plaintiff’s copy of the order was returned on

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November 28, 2017,1 plaintiff was properly served. It is the plaintiff’s responsibility to keep the

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court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of

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documents at the record address of the party is fully effective.

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The returned mail was marked “undeliverable, RTS -- Not in Custody.”
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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
directed to assign a district judge to this case; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

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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, any party may file written

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objections 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.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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

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Dated: December 20, 2017

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/polk2319.fifp

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