(PC) Ham v. CDCR et al, No. 1:2017cv01435 - Document 21 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS to Dismiss Action, signed by Magistrate Judge Jennifer L. Thurston on 3/12/19. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMEON D. HAM, 12 13 14 15 Plaintiff, v. 1:17-cv-01435 LJO-JLT (PC) FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOURTEEN-DAY DEADLINE CDCR, et al., Defendant. 16 17 18 The Court served an order to plaintiff at his address of record. It was returned by the 19 postal service. It appears that plaintiff has failed to comply with Local Rule 183(b), which 20 requires him to inform the Court of any address change. More than sixty-three days have passed 21 since the court order was returned by the postal service and plaintiff has failed to notify the Court 22 of a current address. Accordingly, the Court RECOMMENDS that this action be dismissed 23 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 1 1 and Recommendations.” Any response to the objections shall be filed and served within fourteen 2 days after service of the objections. Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 6 7 IT IS SO ORDERED. Dated: March 12, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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