(PC) Ramirez v. Price, et al, No. 2:2014cv03013 - Document 14 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/3/2015 DIRECTING the Clerk to serve a copy of this order on plaintiff at both his address of record and the anticipated address previously provided by plaintiff, 912 Multnoma Drive, Modesto CA 95350; AND RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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(PC) Ramirez v. Price, et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN A. RAMIREZ, 12 No. 2:14-cv-3013 TLN AC P Plaintiff, 13 v. 14 P. PRICE, et al., 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendants. 16 17 By an order filed April 20, 2015, plaintiff was ordered to file a non-prisoner in forma 18 pauperis affidavit or pay the appropriate filing fee within thirty days and was cautioned that 19 failure to do so would result in a recommendation that this action be dismissed. ECF No. 13. He 20 was also given thirty days to file a formal notice of change of address in light of his apparent 21 release from prison. Id. The thirty day period has now expired, and plaintiff has not responded to 22 the court’s order and has not filed an in forma pauperis affidavit, paid the appropriate filing fee, 23 or filed a notice of change of address. The order was served on both plaintiff’s address of record 24 and the anticipated address he provided prior to his release from prison. Id. Neither copy of the 25 order has been returned by the U.S. Postal Service and pursuant to Local Rule 182(f), service of 26 documents at the record address of the party is fully effective. 27 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to serve a 28 copy of this order on plaintiff at both his address of record and the anticipated address previously 1 Dockets.Justia.com 1 provided by plaintiff, specifically 912 Multnomah Drive, Modesto CA 95350. 2 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 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. Such a document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 DATED: June 3, 2015 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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