(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YEGOROV DMITRIY,

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Plaintiff,

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No. 2:20-cv-0076 KJM DB PS

v.

FINDINGS AND RECOMMENDATIONS

FEDERAL COURT and EASTERN
DISTRICT,

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Defendants,

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Plaintiff Yegorov Dmitriy is proceeding in this action pro se. This matter was referred to

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the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). By order

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signed April 3, 2020 plaintiff’s complaint was dismissed, and plaintiff was granted leave to file an

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amended complaint that cured the defects noted in that order. (ECF No. 3.) Plaintiff was granted

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sixty days from the date of that order to file an amended complaint and was specifically cautioned

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that the failure to respond to the court’s order in a timely manner would result in a

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recommendation that this action be dismissed. (Id. at 5.) The sixty-day period has expired, and

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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

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undeliverable plaintiff was properly served. It is the plaintiff’s responsibility to keep the court

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apprised of plaintiff’s 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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Moreover, when a party fails to notify the court of a change of current address within

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sixty-three days the court may dismiss the action without prejudice for failure to prosecute. Local

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Rule 183(b). Here, more than sixty-three days have passed since plaintiff’s mail was returned and

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plaintiff has not provided a current address.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations will be 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)(1). Within thirty days after

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being served with these findings and recommendations, plaintiff may file written objections with

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the court. A document containing objections should be titled “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may, under certain circumstances, waive the right to appeal the District Court’s

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order. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 12, 2020

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DLB:6
DB\orders\orders.pro se\dmitriy0076.fta.f&rs

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