-DAD (HC) Dukes v. Hedgpeth, et al, No. 2:2011cv00004 - Document 3 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/2/2011 ORDERING that this case be randomly assigned to a District Judge; and RECOMMENDING that this action be dismissed w/out prejudice for failure to prosecute. Assigned and Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)

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-DAD (HC) Dukes v. Hedgpeth, et al Doc. 3 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN DUKES, 11 12 13 Petitioner, No. CIV S-11-0004 DAD P vs. A. HEDGPETH, et al., 14 ORDER AND Respondents. 15 FINDINGS AND RECOMMENDATIONS / 16 Recent court documents were served on petitioner’s address of record and 17 returned by the postal service. It appears that petitioner has failed to comply with Local Rule 18 183(b), which requires that a party appearing in propria persona inform the court of any address 19 change. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a District Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 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 twenty- 26 one 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.” Plaintiff is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 DATED: February 2, 2011. 6 7 8 9 10 DAD:mp/4 duke0004.133a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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