(PC) Akbar v. Lundy et al

Filing 9

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/14/2023 DIRECTING the Clerk to randomly assign a United States District Judge to this action. Chief District Judge Kimberly J. Mueller and Magistrate Judge K endall J. Newman for all further proceedings. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-1335 KJM KJN (PC). (Lopez, K)

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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 HAMED AKBAR, 12 Plaintiff, 13 14 No. 2:23-cv-1335 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS WARDEN LUNDY, et al., 15 Defendants. 16 By order filed September 29, 2023, plaintiff’s complaint was dismissed, and thirty days 17 18 leave to file an amended complaint was granted. The thirty day period has expired, and plaintiff 19 has not filed an amended complaint or otherwise responded to the court’s order. Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 20 21 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 22 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 23 the party is fully effective. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 24 25 directed to assign a district judge to this case; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 26 27 110; Fed. R. Civ. P. 41(b). 28 //// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 6 specified time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 7 1153 (9th Cir. 1991). 8 Dated: November 14, 2023 9 10 11 /akba1335.fta.nca 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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