(HC) Williams v. Ponce, No. 2:2015cv02385 - Document 16 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/15/2018 RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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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 CLARENCE D. WILLIAMS, 12 13 14 15 No. 2:15-cv-2385 KJM DB P Petitioner, v. FINDINGS & RECOMMENDATIONS FELICIA PONCE, Respondent. 16 17 A recent court order was served on petitioner’s address of record and returned by the 18 postal service. It appears that petitioner has failed to comply with Local Rule 183(b), which 19 requires that a party appearing in propria persona inform the court of any address change. More 20 than sixty-three days have passed since the court order was returned by the postal service and 21 petitioner has failed to notify the court of a current address. 22 23 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, petitioner may file written 27 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Any response to the objections shall be filed and served within 1 1 fourteen days after service of the objections. Petitioner is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: October 15, 2018 5 6 7 8 9 10 11 12 DLB:9 DB/prisoner-habeas/will2385.33a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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