(PC) Rodriguez v. Dixon et al, No. 2:2006cv00321 - Document 9 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/10/09 recommending that this action be dismissed for plaintiff's failure to keep the court apprised of his current address. Referred to Judge Frank C. Damrell. Objections due within 20 days. (Plummer, M)
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(PC) Rodriguez v. Dixon et al Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NASARIO RODRIGUEZ, 11 12 13 Plaintiff, No. CIV S-06-0321 FCD GGH P Defendants. FINDINGS & RECOMMENDATIONS vs. DIXON, et al., 14 15 / 16 A recent court order was served on plaintiff's address of record and returned by 17 the postal service. It appears that plaintiff has failed to comply with Local Rule 83-182(f), which 18 requires that a party appearing in propria persona inform the court of any address change. 19 Because, however, as noted in the Order, filed on 1/22/09 (Docket # 6), an error in processing by 20 the Clerk’s Office caused a significant delay in the screening of this case, the undersigned 21 authorized his staff to contact CDCR staff at the state prison inmate locator telephone line and 22 was informed that plaintiff had discharged as of 2/21/08. No information as to a current address 23 could be provided. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for 25 plaintiff's failure to keep the court apprised of his current address. See Local Rules 83-182(f) and 26 11-110. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 DATED: February 10, 2009 9 /s/ Gregory G. Hollows 10 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 11 12 GGH:009/md rodr0321.33a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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