(TEMP)(PS) Reid v. Erhart, et al.,, No. 2:2015cv02072 - Document 4 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/21/16 Recommending that this Action be dismissed without prejudice due to Plaintiff's failure to keep the court apprised of his current address and his failure to com ply with applicable rules and court orders re 1 Complaint filed by Jesse Wayne Reid, Jr. These Findings and Recommendations will be submitted to Chief Judge Morrison C. England, Jr. Objections to these F&R due within fourteen days. (Mena-Sanchez, L)
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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 JESSE WAYNE REID JR., 12 Plaintiff, 13 14 v. No. 2:15-cv-2072 MCE KJN PS (TEMP) FINDINGS AND RECOMMENDATIONS SAM ERHART, et al, 15 Defendants. 16 17 Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the 18 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On November 19 6, 2015, the court served upon plaintiff at his address of record an order reassigning this action to 20 the undersigned. (Dkt. No. 3.) The court’s records reflect that on December 3, 2015, plaintiff’s 21 copy of that order was returned to the court by the postal service as undeliverable. 22 It appears that plaintiff has failed to comply with Local Rule 182, which requires every 23 party, including any party proceeding in propria persona, to notify the court and all other parties 24 of any change of address. Local Rule 182(f). “Absent such notice, service of documents at the 25 prior address of the attorney or pro se party shall be fully effective.” Id. Failure to comply with 26 the court’s rules or with any order of the court may be grounds for imposition by the court of any 27 and all sanctions authorized by statute or rule or within the inherent power of the court. Local 28 Rule 110. 1 1 Good cause appearing, IT IS RECOMMENDED that this action be dismissed without 2 prejudice due to plaintiff’s failure to keep the court apprised of his current address and his failure 3 to comply with applicable rules and court orders. 4 These findings and recommendations will be 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, plaintiff may file and serve written 7 objections with the court. A document containing objections should be titled “Objections to 8 Magistrate Judge’s Findings and Recommendations.” Plaintiff’s failure to file objections within 9 the specified time may, under certain circumstances, waive the right to appeal the District Court’s 10 order regarding the findings and recommendations. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 11 1991). 12 Dated: March 21, 2016 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reid2072.nca.f&rs.docx 2
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