(PC) Gray v. Pierce et al, No. 2:2015cv00762 - Document 41 (E.D. Cal. 2015)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/24/15 ORDERING the clerk of the court is directed to appoint a district judge to this action. U.S. District Judge Garland E. Burrell randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYL DWIGHT GRAY, 12 Plaintiff, 13 14 15 v. No. 2: 15-cv-0762 KJN P ORDER AND FINDINGS & RECOMMENDATIONS PIERCE, et al., Defendants. 16 17 A recent court order was served on plaintiff’s address of record and returned by the postal 18 service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that 19 a party appearing in propria persona inform the court of any address change. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to appoint a district judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 28 and Recommendations.” Any response to the objections shall be filed and served within fourteen 1 1 days after service of the objections. Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: November 24, 2015 5 6 7 8 Gr762.fr 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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