(PC) Heuser v. Bertsch et al, No. 2:2009cv01005 - Document 11 (E.D. Cal. 2009)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/11/09 ORDERING the clerk of the court is directed to randomly assign a District Judge to this action. U.S. District Judge Garland E. Burrell randomly assigned to this case. Also, RECOMMENDING that this action be dismissed for plaintiff's failure to keep the court apprised of his current address. Referred to Judge Garland E. Burrell. Objections due within 20 days. (Plummer, M)

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(PC) Heuser v. Bertsch et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD HEUSER, 11 Plaintiff, 12 vs. 13 No. CIV S-09-1005 DAD P BERTSCH, et al., 14 ORDER AND Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 A recent court order was served on plaintiff's address of record and returned as 17 undeliverable because plaintiff is no longer in custody at the Solano County Jail. It appears that 18 plaintiff has failed to comply with Local Rule 182(f), which requires that a party appearing in 19 propria persona inform the court of any address change. 20 21 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a District Judge to this action. 22 Also, IT IS HEREBY RECOMMENDED that this action be dismissed for 23 plaintiff's failure to keep the court apprised of his current address. See Local Rules 182(f) and 24 110. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: December 11, 2009. 7 8 9 10 DAD:4 heus1005.fca 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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