(PC) Dial v. Matevousion, et al., No. 1:2018cv00679 - Document 20 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS that the Court Dismiss the 9 Case for Plaintiff's Failure to Prosecute; ORDER to ASSIGN Case to District Court Judge signed by Magistrate Judge Jeremy D. Peterson on 11/1/2018. Referred to Judge Dale A. Drozd. Objections to F&R due within Fourteen (14) Days. (Sant Agata, S)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHAUNDELLE DIAL, 12 13 14 15 Plaintiff, v. ANDRE MATEVOUSION, et al., Defendants. Case No. 1:18-cv-00679-JDP FINDINGS AND RECOMMENDATIONS THAT THE COURT DISMISS THE CASE FOR PLAINTIFF’S FAILURE TO PROSECUTE ORDER TO ASSIGN CASE TO DISTRICT COURT JUDGE FOURTEEN-DAY DEADLINE 16 17 18 Plaintiff is a federal prisoner proceeding without counsel in this civil rights action 19 brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 20 (1971). On July 26, 2018, the court issued an order granting plaintiff’s application to proceed in 21 forma pauperis. ECF No. 19. On August 8, 2018, that order was returned to the court as 22 undeliverable with the following notation: “Undeliverable, Not Deliverable as Addressed, 23 Unable to Forward.” 24 Plaintiff has an obligation to keep the court apprised of his current address. Local Rule 25 183(b) provides, “If mail directed to a plaintiff in propria persona by the Clerk is returned by 26 the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within 27 sixty-three (63) days thereafter of a current address, the Court may dismiss the action without 28 1 1 prejudice for failure to prosecute.” Under Local Rule 183(b), plaintiff’s notice of address 2 change was due by October 10, 2018, but he failed to file one. Accordingly, the court will 3 recommend dismissal without prejudice. 4 Order 5 6 The clerk of court is directed to assign this case to a district judge who will review the findings and recommendations. 7 Findings and Recommendations The court recommends that the case be dismissed without prejudice for plaintiff’s failure 8 9 to prosecute under Local Rule 183(b). 10 The undersigned submits the findings and recommendations to the district judge 11 presiding over this case under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of 12 Practice for the United States District Court, Eastern District of California. Within 14 days of 13 the service of the findings and recommendations, plaintiff may file written objections to the 14 findings and recommendations with the court and serve a copy on all parties. That document 15 should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The 16 district judge will review the findings and recommendations under 28 U.S.C. § 636(b)(1)(C). 17 Plaintiff’s failure to file objections within the specified time may result in the waiver of rights 18 on appeal. See Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014). 19 20 IT IS SO ORDERED. 21 Dated: 22 November 1, 2018 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
