(HC) Truschke, Jr. v. Flynn, et al., No. 2:2014cv00778 - Document 4 (E.D. Cal. 2014)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/12/14 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge William B. Shubb randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EDWARD TRUSCHKE, Jr., 12 Petitioner, 13 14 No. 2:14-cv-0778 KJN P v. ORDER and DANIEL E. FLYNN, et al., 15 FINDINGS AND RECOMMENDATIONS Respondents. 16 Recent new case documents were served on petitioner’s address of record and returned by 17 18 the postal service. It appears that petitioner has failed to comply with Local Rules 182(f) and 19 183(b), which require that a party appearing in propria persona inform the court of any address 20 change. Failure to comply with these rules within sixty-three days authorizes dismissal of the 21 action without prejudice for failure to prosecute. See Local Rule 183(b). More than sixty-three 22 days have passed since the court’s order was returned by the postal service, and petitioner has still 23 failed to notify the Court of a current address. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 24 25 district judge to this action. 26 //// 27 //// 28 //// 1 1 2 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: June 12, 2014 11 12 /trus0778.133a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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