(PC) Ramos v. California Dept of Corrections et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 7/28/2023 RECOMMENDING that this action 1 be dismissed without prejudice. These Findings and Recommendations are submitted to U.S District Judge Troy L. Nunley; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSE RAMOS,
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Plaintiff,
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No. 2:22-cv-00004 TLN DB P
v.
FINDINGS AND RECOMMENDATIONS
CALIFORNIA DEPT OF
CORRECTIONS, et al.,
Defendants.
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By order filed June 13, 2023, a recommendation to dismiss plaintiff’s complaint was
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vacated and thirty days leave to file an amended complaint was granted. The thirty day period
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has now expired, and plaintiff has not filed an amended complaint or otherwise responded to the
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court’s order.
Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff
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was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current
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address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of
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the party is fully effective.
For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
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dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(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 after
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being served with these findings and recommendations, plaintiff may file written objections with
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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendations.” Plaintiff is advised that failure to file objections within the specified time
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waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
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1991).
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Dated: July 28, 2023
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DLB7
ramo0004.fta.nca
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