(PC) Jenkins v. Beard, No. 2:2014cv02447 - Document 12 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/12/2015 DIRECTING the Clerk to indicate on the docket that plaintiff's address of record is the California Medical Facility; and randomly assign a district judge to this action. And it is FURTHER RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)

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(PC) Jenkins v. Beard Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOUIS JENKINS, 12 Plaintiff, 13 14 No. 2:14-cv-2447 AC P v. ORDER and JEFFREY BEARD, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state prisoner at California Medical Facility (CMF),1 proceeding pro se in this 17 18 putative civil rights action filed pursuant to 42 U.S.C. § 1983. This action is referred to the 19 undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), Local Rule 20 302(c), and Local General Order No. 262. By order filed May 6, 2014, the court found plaintiff’s complaint frivolous but 21 22 nevertheless granted plaintiff leave to file an amended complaint together with a fully completed 23 in forma pauperis application. See ECF No. 8. Attempted service of the court’s order at 24 plaintiff’s address of record (Sierra Conservation Center) failed. On June 2, 2015, the court 25 issued another order, according plaintiff additional time (21 days) to file an amended complaint 26 27 28 1 The Clerk of Court is directed to construe the notation on plaintiff’s in forma pauperis application filed June 3, 2015, ECF No. 10, as his notice of change of address. See also ECF No. 9 (court’s order filed June 2, 2015, addressing plaintiff’s place of incarceration). 1 Dockets.Justia.com 1 and in forma pauperis application, and directed the Clerk of Court to serve the order on plaintiff 2 at CMF, identified as his place of incarceration by the Inmate Locator website operated by the 3 California Department of Corrections and Rehabilitation. See ECF No. 9. The court’s order 4 included the following warning, id. at 2: 5 Plaintiff’s failure to timely file a new application to proceed in forma pauperis and/or an amended complaint that states a cognizable civil rights claim and/or a Notice of Change of Address (if applicable), will result in a recommendation that this action be dismissed without prejudice. 6 7 8 Plaintiff subsequently filed a fully completed in forma pauperis application, ECF No. 10, which 9 was dated prior to the court’s June 2, 2015 order. Plaintiff has not, however, filed an amended 10 complaint within the extended deadline. Therefore, the undersigned will recommend dismissal 11 of this action. 12 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to: 13 1. Indicate on the docket that plaintiff’s address of record is the California Medical 14 Facility; and 15 2. Randomly assign a district judge to this action. 16 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without 17 18 prejudice. These findings and recommendations are submitted to the United States District Judge 19 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 20 after being served with these findings and recommendations, plaintiff may file written objections 21 with the court. Such document should be captioned “Objections to Magistrate Judge’s Findings 22 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 23 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 24 (9th Cir. 1991). 25 DATED: July 12, 2015 26 27 28 2

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