King v. Indy Mac Bank FSB et al

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/27/2020 RECOMMENDING that this action be Dismissed. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)

Case 2:18-cv-00727-JAM-EFB Document 4 Filed 08/27/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN KING,

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No. 2:18-cv-727-JAM-EFB PS
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

INDY MAC BANK FSB, et al.,
Defendants.

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Plaintiff is proceeding in this action without counsel. On November 6, 2019, the postal

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service returned documents directed to plaintiff as “Undeliverable, Moved-Left No Address.” A

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party appearing without counsel must keep the court and all parties apprised of her current

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address. E.D. Cal. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service and

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plaintiff fails to notify the court and opposing parties within 63 days thereafter of his current

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address, the court may dismiss the action without prejudice for failure to prosecute. Id. More

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than 63 days have passed since the postal service returned the mail and plaintiff has not notified

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the court of his current address.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed. See Fed. R.
Civ. P. 41(b); E.D. Cal. L.R. 110, 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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Case 2:18-cv-00727-JAM-EFB Document 4 Filed 08/27/20 Page 2 of 2
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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.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 27, 2020.

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