(HC) Moreno-Lopez v. Holder, No. 2:2012cv00168 - Document 8 (E.D. Cal. 2012)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/14/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge William B. Shubb; Objections due within 21 days. (Yin, K)
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(HC) Moreno-Lopez v. Holder Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YSIDRO MORENO-LOPEZ, Petitioner, 11 vs. 12 13 No. CIV S-12-0168 CKD P ERIC HOLDER, JR., Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 16 By an order filed January 30, 2012, petitioner was ordered to file an in forma 17 pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that 18 failure to do so would result in a recommendation that this action be dismissed. On February 2, 19 2012 and February 8, 2012, petitioner was re-served at his most current address. The thirty day 20 period has now expired, and petitioner has not responded to the court’s order and has not filed an 21 in forma pauperis affidavit or paid the appropriate filing fee. Although it appears from the file that petitioner’s copy of the order was returned, 22 23 petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of 24 his current address at all times. Local Rule 182(f). Pursuant to Local Rule 182(f), service of 25 documents at the record address of the party is fully effective. 26 \\\\\ 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY ORDERED that the Clerk shall assign a district judge to this case. 3 4 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 5 These findings and recommendations are submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 7 one days after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 10 shall be served and filed within fourteen days after service of the objections. The parties are 11 advised that failure to file objections within the specified time may waive the right to appeal the 12 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 Dated: May 14, 2012 14 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 de more0168.fifp 19 20 21 22 23 24 25 26 2
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