(HC) Clarke v. Unknown

Filing 5

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/07/2024 DIRECTING the Clerk to randomly assign a United States District Judge to this action. District Judge Troy L. Nunley and Magistrate Judge Kendall J. Newman for all further proceedings. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these Findings and Recommendations.New Case Number: 2:23-cv-3004 TLN KJN (HC).(Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE KELLY CLARKE,

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Petitioner,

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No. 2:23-cv3004 KJN P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

UNKNOWN,

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Respondent.

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By order filed January 3, 2024, petitioner’s habeas application was dismissed, and thirty

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days’ leave to file an amended application was granted. The thirty-day period has expired, and

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petitioner has not responded to the court’s order.

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Although it appears from the file that petitioner’s copy of the order was returned,

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petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of

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his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record

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address of the party is fully effective.
In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is

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directed to assign a district judge to this case; and
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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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 days

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after being served with these findings and recommendations, petitioner may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: February 7, 2024

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/clar3004.fta.hab

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