(PC) Flores v. Herrera et al

Filing 14

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/09/23 LIFTING the ADR stay of this action; case REASSIGNED to District Judge Dale A. Drozd and Magistrate Judge Deborah Barnes for all further proceedings; case number on all future filings shall be: 2:22-cv-2107 DAD DB (PC); and RECOMMENDING action be dismissed without prejudice for failure to prosecute. Referred to Judge Dale A. Drozd; Objections to F&Rs due within 14 days. (Benson, A.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS D. FLORES, 12 13 14 15 No. 2:22-cv-2107 DB P Plaintiff, v. ORDER & FINDINGS & RECOMMENDATIONS G. HERRERA, et al., Defendants. 16 17 A recent court order was served on plaintiff’s address of record and returned by the postal 18 service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that 19 a party appearing in propria persona inform the court of any address change. More than sixty- 20 three days have passed since the court order was returned by the postal service and plaintiff has 21 failed to notify the Court of a current address. 22 Accordingly, IT IS ORDERED as follows: 23 1. The ADR stay is lifted; and 24 2. The Clerk of the Court is directed to assign a district judge to this case. 25 In addition, IT IS HEREBY RECOMMENDED that this action be dismissed without 26 prejudice for failure to prosecute. See Local Rule 183(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Any response to the objections shall be filed and served within fourteen 4 days after service of the objections. Plaintiff is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 6 F.2d 1153 (9th Cir. 1991). 7 Dated: November 9, 2023 8 9 10 DLB7 11 flor2107.33a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?