-EFB (PS) Charles v. National Action Finacial Services, No. 2:2010cv02794 - Document 19 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/22/2011 recommending that this action be dismissed for plaintiff's failure to keep the court apprised of her current address; 1 Complaint filed by Jesusita Charles referred to Judge John A. Mendez; Objections to F&R may be filed within 14 days from date of service of these findings and recommendations. (Waggoner, D)
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-EFB (PS) Charles v. National Action Finacial Services Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESUSITA CHARLES, 11 Plaintiff, vs. 12 13 No. CIV S-10-2794 JAM EFB PS NATIONAL ACTION FINANCIAL SERVICES, 14 Defendant. FINDINGS AND RECOMMENDATIONS / 15 16 This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to 17 Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1); Dckt. No. 16. 18 On August 23, 2011, the postal service returned documents directed to plaintiff as 19 “undeliverable, insufficient address.” A party appearing without counsel must keep the court and all parties apprised of her 20 21 current address. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service and 22 plaintiff fails to notify the court and opposing parties within 63 days thereafter of her current 23 address, the court may dismiss the action without prejudice for failure to prosecute. Id. More 24 than 63 days have passed since the postal service returned the mail and plaintiff has not notified 25 the court of her current address. 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: November 22, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2