(PC) Espey v. Deuel Vocational Institution, No. 2:2013cv02147 - Document 100 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/10/2015 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

Download PDF
(PC) Espey v. Deuel Vocational Institution Doc. 100 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD ESPEY, 12 13 14 15 16 No. 2:13-cv-2147 TLN KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS DEUEL VOCATIONAL INSTITUTION, et al., Defendants. 17 18 A recent court order was served on plaintiff’s address of record and returned by the postal 19 service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that 20 a party appearing in propria persona inform the court of any address change. 21 Accordingly, on October 29, 2015, the undersigned granted plaintiff thirty days to show 22 cause why this action should not be dismissed for his failure to inform the court of his address 23 change. Thirty days passed and plaintiff did not respond to the October 29, 2015 order. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 Dockets.Justia.com 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Any response to the objections shall be filed and served within fourteen 3 days after service of the objections. Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 Dated: December 10, 2015 7 8 9 10 Es2147.fr 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.