(PC) Jamison v. Palagummi et al, No. 2:2014cv01193 - Document 31 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 02/24/16 recommending that this action be dismissed and all outstanding motions 21 , 27 be terminated. Motions 21 and 27 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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(PC) Jamison v. Palagummi et al Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY L. JAMISON, 12 13 14 15 No. 2:14-cv-1193-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PALCE GUMMI, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On December 18, 2015, the postal service returned documents directed to 19 plaintiff as “undeliverable, inactive.” A party appearing without counsel must keep the court and 20 all parties apprised of his current address. L.R. 183(b). If mail directed to a plaintiff is returned 21 by the postal service and plaintiff fails to notify the court and opposing parties within 63 days 22 thereafter of his current address, the court may dismiss the action without prejudice for failure to 23 prosecute. Id. More than 63 days have passed since the postal service returned the mail and 24 plaintiff has not notified the court of his current address. 25 26 Accordingly, it is hereby RECOMMENDED that this action be dismissed and all outstanding motions (ECF No. 21, 27) be terminated. See Fed. R. Civ. P. 41(b); L.R. 110, 183(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: February 24, 2016. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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