(PC) Rowell v. Zamora, et al, No. 2:2014cv01888 - Document 105 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/9/2019 RECOMMENDING this action be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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(PC) Rowell v. Zamora, et al Doc. 105 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN LOUIS ROWELL, 12 13 14 No. 2:14-cv-1888-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L.D. ZAMORA, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding without counsel in an action brought under 18 42 U.S.C. § 1983. On January 25, 2019, the postal service returned documents directed to 19 plaintiff as “undeliverable.” On February 6, 2019, defendants notified the court that plaintiff had 20 been paroled, but had not updated his address. ECF No. 102. Therefore, on February 13, 2019, 21 the court ordered plaintiff to file a notice of change of address no later than March 29, 2019. ECF 22 No. 104. Plaintiff has not filed a notice of change of address or otherwise responded to the 23 court’s order. 24 A party appearing without counsel must keep the court and all parties apprised of his 25 current address. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service and 26 plaintiff fails to notify the court and opposing parties within 63 days thereafter of his current 27 address, the court may dismiss the action without prejudice for failure to prosecute. Id. More 28 than 63 days have passed since the postal service returned the mail and plaintiff has not notified 1 Dockets.Justia.com 1 the court of his current address. In addition, plaintiff did not respond to the court’s order 2 directing him to file a notice of change of address no later than March 29, 2018. 3 4 Accordingly, it is RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 41(b); L.R. 110, 183(b). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: April 9, 2019. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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