(PC) Cardenas v. Solano County, et al, No. 2:2008cv01587 - Document 13 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge George W. Foley on 8/20/09 recommending that pltf's complaint be dismissed with prejudice for failure to timely inform the court and dfts of his current address. REFERRED to Judge Philip M. Pro; Objections to F&R due within 20 days after being served with these F&R's. (Carlos, K)
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(PC) Cardenas v. Solano County, et al Doc. 13 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 JOHNATHAN CARDENAS, ) ) Plaintiff, ) ) vs. ) ) SOLANO COUNTY, et al., ) ) Defendants. ) __________________________________________) Case No. 2:08-cv-01587-PMP-GWF FINDINGS AND RECOMMENDATIONS 13 14 On June 3, 2009, the Court dismissed Plaintiff’s Complaint without prejudice for failure to keep 15 Defendants and the Court advised to his current address in compliance with Local Rule 83-183(b)-2. 16 (Dkt. #12) Furthermore, the Court directed Plaintiff to inform the Court of his current address by July 17 3, 2009 and notified Plaintiff that failure to do so within the established time would result in a 18 recommendation that this action be dismissed with prejudice. (Id.) To date, Plaintiff has failed to file 19 his current address with the Court within the allotted time period and the time allowed has now expired. 20 Accordingly, 21 IT IS HEREBY RECOMMENDED that Plaintiff’s Complaint (Dkt. #1) should be 22 DISMISSED with prejudice based on Plaintiff’s change of address and failure to timely inform the 23 Court and Defendants of his current address in compliance with Local Rule 83-183(b)-2. 24 NOTICE 25 These Findings and Recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within twenty (20) days 27 after being served with these Findings and Recommendations, plaintiff may file written objections with 28 the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Dockets.Justia.com 1 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 2 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED this 20th day of August, 2009. 4 5 6 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE 7 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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