(PC) Beeson v. Warden

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/29/2024 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served with these Findings and Recommendations. (Murphy, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAYLOR A. BEESON,

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No. 2:23-cv-1621 DJC CKD P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

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WARDEN, F.C.I. HERLONG,

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Defendants.

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On July 19, 2024, the court ordered plaintiff to complete and return to the court, within

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thirty days, the USM-285 forms necessary to effect service on defendant Birtwell. That thirty-

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day period has since passed, and plaintiff has not responded in any way to the court’s order.

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Although it appears from the docket that plaintiff’s copy of the July 19, 2024, order was

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returned by the U.S. Postal Service, plaintiff was properly served. It is the plaintiff’s

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responsibility to keep the court apprised of his current address at all times. Pursuant to Local

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Rule 182(f), service of documents at the record address of the party is fully effective.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Fed. R. Civ. P. 41(b).
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)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: August 29, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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bees1621.fusm

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