-EFB (PC) Jackson v. Cates, et al, No. 2:2010cv02070 - Document 31 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/24/11 RECOMMENDING that this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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-EFB (PC) Jackson v. Cates, et al Doc. 31 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIDEL JACKSON, 11 Plaintiff, 12 13 No. CIV S-10-2070 GEB EFB P vs. MATTHEW CATES, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On March 9 and March 16, 2011, the postal service returned documents directed 18 to plaintiff as “undeliverable, paroled.” A party appearing without counsel must keep the court and all parties apprised of his 19 20 current address. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service and 21 plaintiff fails to notify the court and opposing parties within 63 days thereafter of his current 22 address, the court may dismiss the action without prejudice for failure to prosecute. Id. More 23 than 63 days have passed since the postal service returned the mail and plaintiff has not notified 24 the court of his current address. 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 41(b); L. R. 110, 183(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. Such a document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Failure to file objections within the specified time may waive 8 the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 9 1998); Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991). 10 DATED: May 24, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2