-KJN (PS) James v. Gary et al, No. 2:2010cv03279 - Document 5 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/10/2011 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute; Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these F & R's. (Reader, L)

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-KJN (PS) James v. Gary et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN JAMES, 11 12 13 Plaintiff, No. 2:10-cv-03279 MCE KJN PS vs. ALBERT GARY; CURTIS FERGUNSON and CREW, 14 Defendants. 15 16 FINDINGS & RECOMMENDATIONS / Plaintiff, who is in forma pauperis and proceeding without counsel, filed his 17 complaint on December 8, 2010. (Dkt. No. 1.) A review of the docket reflects that the court’s 18 screening order dated December 9, 2010 (Dkt. No. 3) was served upon plaintiff’s address of 19 record via mail on December 10, 2010, and returned as undeliverable by the postal service on 20 December 29, 2010. It appears that plaintiff has failed to comply with Local Rule 183(b), which 21 requires that a party appearing in propria persona inform the court of any address change. More 22 than sixty-three days have passed since the court order was returned by the postal service and 23 plaintiff has failed to notify the Court of a current address. 24 Further, the court dismissed plaintiff’s complaint with leave to amend on 25 December 9, 2010. (Dkt. No. 3.) The court’s order dated December 9, 2010, gave plaintiff 30 26 days to amend his complaint to correct various deficiencies, but plaintiff has not filed any 1 Dockets.Justia.com 1 2 3 4 amended pleading to date and the 30-day deadline has passed. (Dkt. No. 3.) Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 6 days after being served with these findings and recommendations, plaintiff may file written 7 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 8 Findings and Recommendations.” Any response to the objections shall be filed and served 9 within fourteen days after service of the objections. Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court’s order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 13 IT IS SO RECOMMENDED. DATED: March 10, 2011 14 15 16 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 2

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