(PS) Dmitriy v. Eastern District Court

Filing 4

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/12/2020 RECOMMENDING that this action be Dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 30 days of being served with these findings and recommendations. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YEGOROV DMITRIY, 12 Plaintiff, 13 14 15 No. 2:20-cv-0076 KJM DB PS v. FINDINGS AND RECOMMENDATIONS FEDERAL COURT and EASTERN DISTRICT, 16 Defendants, 17 18 Plaintiff Yegorov Dmitriy is proceeding in this action pro se. This matter was referred to 19 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order 20 signed April 3, 2020 plaintiff’s complaint was dismissed, and plaintiff was granted leave to file an 21 amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was granted 22 sixty days from the date of that order to file an amended complaint and was specifically cautioned 23 that the failure to respond to the court’s order in a timely manner would result in a 24 recommendation that this action be dismissed. (Id. at 5.) The sixty-day period has expired, and 25 plaintiff has not responded to the court’s order in any manner. Although it appears from the docket that plaintiff’s copy of the order was returned as 26 27 undeliverable plaintiff was properly served. It is the plaintiff’s responsibility to keep the court 28 //// 1 1 apprised of plaintiff’s current address at all times. Pursuant to Local Rule 182(f), service of 2 documents at the record address of the party is fully effective. 3 Moreover, when a party fails to notify the court of a change of current address within 4 sixty-three days the court may dismiss the action without prejudice for failure to prosecute. Local 5 Rule 183(b). Here, more than sixty-three days have passed since plaintiff’s mail was returned and 6 plaintiff has not provided a current address. 7 8 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 9 These findings and recommendations will be submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 11 being served with these findings and recommendations, plaintiff may file written objections with 12 the court. A document containing objections should be titled “Objections to Magistrate Judge’s 13 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 14 specified time may, under certain circumstances, waive the right to appeal the District Court’s 15 order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 Dated: October 12, 2020 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.pro se\dmitriy0076.fta.f&rs 24 25 26 27 28 2

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