Simmons v. State of California et al

Filing 21

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/22/2019 ORDERING the Clerk to randomly assign this matter to a district court judge and RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Morrison C. England, 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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MELVIN JOSEPH SIMMONS, JR.,

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No. 2:18-cv-1489 CKD P

Plaintiff,
v.

ORDER AND

STATE OF CALIFORNIA, et al.,

FINDINGS & RECOMMENDATIONS

Defendants.

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A recent court order was served on plaintiff’s address of record and returned by the postal

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service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that

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a party appearing in propria persona inform the court of any address change. More than sixty-

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three days have passed since the court order was returned by the postal service and plaintiff has

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failed to notify the Court of a current address.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign this
matter to a district court judge.
IT IS FURTHER 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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Dated: July 22, 2019

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12/simm1489.33a

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