(PC) Bluford v. Swingle, et al, No. 2:2014cv01491 - Document 39 (E.D. Cal. 2017)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/14/17 ORDERING the Clerk of the Court assign a District Judge to this action. U.S. District Judge Garland E. Burrell randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Garland E. Burrell. 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 ANTHONY BLUFORD, 12 13 14 No. 2:14-cv-1491 DB P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS D. SWINGLE, et al., 15 Defendants. 16 17 A recent court order was served on plaintiff’s address of record and returned by the postal 18 service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that 19 a party appearing in propria persona inform the court of any address change. More than sixty- 20 three days have passed since the court order was returned by the postal service and plaintiff has 21 failed to notify the Court of a current address. 22 23 24 25 Accordingly, the Clerk of the Court is HEREBY ORDERED to assign a district judge to this case; and 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 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 14, 2017 7 8 9 10 11 12 DLB:9 DB/orders/prisoner-civil rights/bluf1491.33a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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