(PC) Bartholomew v. Kendricks, et al, No. 2:2008cv02619 - Document 6 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 04/15/10 RECOMMENDING that the 1 Prisoner Civil Rights Complaint filed by Andre Bartholomew be Dismissed without prejudice. Objections due within 21 days. (Williams, D)
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(PC) Bartholomew v. Kendricks, et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE BARTHOLOMEW, Plaintiff, 11 vs. 12 13 No. CIV S-08-2619 GEB KJM P KENDRICKS, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed February 2, 2010, plaintiff was ordered to file an in forma 16 17 pauperis affidavit and a certified copy of his prison trust account statement within thirty days and 18 was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. The thirty day period has now expired, and plaintiff has not responded to the court’s 20 order. 21 Although it appears from the file that plaintiff’s copy of the order was returned, 22 plaintiff was properly served. It is the plaintiff’s responsibility to keep the court apprised of his 23 current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 24 address of the party is fully effective. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 one days after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 6 shall be served and filed within fourteen days after service of the objections. The parties are 7 advised that failure to file objections within the specified time may waive the right to appeal the 8 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: April 15, 2010. 10 11 12 1 bart2619.fifp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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