(HC) Van Buren v. Foulk, No. 2:2009cv01274 - Document 17 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/9/10 ORDERING that the Clerk assign a district judge to this action; RECOMMENDING that this action be dismissed without prejudice for failure to comply with a court order. Assigned and referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)

Download PDF
(HC) Van Buren v. Foulk Doc. 17 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 MAURICE VAN BUREN, Petitioner, 12 13 14 No. CIV S-09-1274 KJM P vs. ED FOULK, ORDER AND Respondent. 15 FINDINGS AND RECOMMENDATIONS / 16 17 On October 26, 2009, an order served on plaintiff’s listed address was returned. 18 On November 19, 2009, the court warned plaintiff that if he did not file his change of address 19 within sixty days, the case would be dismissed. An order granting respondent’s request for an 20 extension of time served on plaintiff was also returned as undeliverable. Plaintiff has not filed 21 his change of address or otherwise responded to the court’s order of November 19, 2009. 22 23 24 25 IT IS THEREFORE ORDERED that the Clerk of Court assign a district judge to this action. IT IS THEREFORE RECOMMENDED that this action is dismissed without prejudice for failure to comply with a court order. 26 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 3 one days 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 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 DATED: February 9, 2010. 9 10 11 12 13 14 2 15 vanb1274.56 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.