(PC) Jones-Bey v. Tilton, No. 2:2008cv00148 - Document 17 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/22/10 recommending that this action be dismissed. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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(PC) Jones-Bey v. Tilton Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH W. JONES-BEY, Plaintiff, 11 12 13 vs. JAMES E. TILTON, Defendant. 14 FINDINGS AND RECOMMENDATIONS / 15 16 No. CIV S-08-0148 WBS EFB P Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On June 30, 2010, the court dismissed plaintiff’s complaint with leave to amend. 18 The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an 19 amended complaint correcting those deficiencies, and warned plaintiff that failure to file an 20 amended complaint would result in a recommendation that this action be dismissed for failure to 21 state a claim. 22 23 The 30-day period has expired and plaintiff has not filed an amended complaint or otherwise responded to the court’s order.1 24 1 25 26 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 Accordingly, it is hereby RECOMMENDED that this action be dismissed. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: September 22, 2010. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2