(PC) Wallace v. Brown et al, No. 2:2009cv00498 - Document 8 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 8/3/09 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)
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(PC) Wallace v. Brown et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD WALLACE, Plaintiff, 11 12 13 No. CIV S-09-0498 KJM vs. JERRY BROWN, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 By an order filed March 13, 2009, plaintiff was ordered to file a completed in 16 17 forma pauperis affidavit within thirty days and was cautioned that failure to do so would result in 18 a recommendation that this action be dismissed. The thirty day period has now expired, and 19 plaintiff has not responded to the court’s order and has not filed a completed in forma pauperis 20 affidavit. Although it appears from the file that plaintiff’s copy of the March 13 Order was 21 22 returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court 23 apprised of his current address at all times. Pursuant to Local Rule 83-182(f), service of 24 documents at the record address of the party is fully effective. IT IS HEREBY RECOMMENDED that this action be dismissed without 25 26 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 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 ten days after service of the objections. The parties are advised 7 that failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: August 3, 2009. 10 11 2 12 wall0498.fifp 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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