-EFB (TEMP) (PC) Walker v. Spencer et al, No. 2:2011cv00306 - Document 8 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/29/11 ORDERING that the Clerk randomly assign a District Judge to this case; RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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-EFB (TEMP) (PC) Walker v. Spencer et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN C. WALKER, 11 Plaintiff, 12 vs. 13 No. CIV S-11-0306 EFB (TEMP) P SPENCER, et al., / 15 16 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 14 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On April 26, 2011, the court dismissed plaintiff’s complaint with leave to 18 amend. The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file 19 an amended complaint correcting those deficiencies, and warned plaintiff that failure to file an 20 amended complaint would result in a recommendation that this action be dismissed for failure to 21 state a claim. 22 23 The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court’s order.1 24 1 25 26 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 2 Accordingly, it is hereby ORDERED that the Clerk randomly assign a United States District Judge to this case. 3 Further, it is RECOMMENDED that this action be dismissed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: June 29, 2011. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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