(PC) Smith v. D.V.I. State Prison et al, No. 2:2010cv01622 - Document 8 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/28/2010 RECOMMENDING that this action be dismissed for pltf's failure to keep the court apprised of his current address. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 21 days. (Yin, K)
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(PC) Smith v. D.V.I. State Prison 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 KENNETH SMITH, 11 12 Plaintiff, Case No. 2:10-cv-1622 FCD KJN P vs. 13 D.V.I. TRACY, etc., et al., 14 Defendants. 15 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 In accordance with the above, IT IS HEREBY RECOMMENDED that this action 20 be dismissed for plaintiff's failure to keep the court apprised of his current address. See Local 21 Rules 182(f) and 110. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 24 one days after being served with these findings and recommendations, plaintiff may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: July 28, 2010 4 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 9 smit1622.33a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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