(PC) Moreno v. Martin et al, No. 2:2009cv02778 - Document 14 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/21/10 recommending that this action be dismissed without prejudice for plaintiffs failure to keep the court apprised of his current address re 1 Prisoner Civil Rights Complaint filed by Louie Moreno, Jr. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Moreno v. Martin et al Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOUIE MORENO, JR., 11 Plaintiff, 12 No. 2:09-2778 JAM KJN P vs. 13 SHERIFF MARTIN, et al., 14 Defendants. 15 16 FINDINGS AND RECOMMENDATIONS / On October 14, 2010, this court attempted service of a recent order on plaintiff at 17 his last address of record; the order was returned by the postal service. Attempted service of 18 prior orders similarly failed on September 15, 2010. It appears that plaintiff has failed to comply 19 with Local Rule 182(f), which requires that a party appearing in propria persona inform the court 20 of any address change. 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 22 without prejudice for plaintiff’s failure to keep the court apprised of his current address. See 23 Local Rules 182(f) and 110. 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, plaintiff may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Plaintiff is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: October 21, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 more2778.33a,f&r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2