(PC) Smith v. Sheriff Department et al, No. 2:2010cv01616 - Document 5 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/2/10 ORDERING that the Clerk of the Court is directed toassign this action to a United States District Judge; and RECOMMENDING that this action be dismissed for plaintiff's failure to keep the court apprised of his current address re 1 Prisoner Civil Rights Complaint. Randomly assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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(PC) Smith v. Sheriff Department et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH SMITH, 11 12 13 14 15 Plaintiff, No. 2:10-cv-1616-JFM (PC) vs. SHERIFF DEPARTMENT, et al., ORDER AND Defendants. FINDINGS & RECOMMENDATIONS / 16 A recent court order was served on plaintiff's address of record and returned by 17 the postal service. It appears that plaintiff has failed to comply with Local Rule 182(f), which 18 requires that a party appearing in propria persona inform the court of any address change. 19 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and IT IS HEREBY RECOMMENDED that this action be dismissed for plaintiff’s failure to keep the court apprised of his current address. See Local Rules 182(f) and 110. These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Plaintiff is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: August 2, 2010. 6 7 8 9 10 12 smit1616.33a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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