(HC) Gary v. Price, No. 2:2016cv01060 - Document 11 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/26/18 DIRECTING the clerk to randomly assign a district judge. District Judge John A. Mendez added. It is further RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. Referred to Judge John A. Mendez. Objections due within 14 after being served with these findings and recommendations. New Case Number: 2:16-cv-1060-JAM-AC (PC). (Coll, A)
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(HC) Gary v. Price Doc. 11 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD A. GARY, 12 Petitioner, 13 14 15 No. 2:16-cv-1060 AC P v. ORDER and BRANDON PRICE, Executive Director, Coalinga State Hospital, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner proceeding pro se with this action, which is referred to the 17 18 undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 302(c). A recent order of this court was served on petitioner at his last address of record but 20 returned by the postal service. See ECF No. 10. It appears that petitioner has failed to comply 21 with Local Rule 183(b), which requires that a party appearing in propria persona inform the court 22 of any address change. “If mail directed to a [party] in propria persona by the Clerk is returned 23 by the U.S. Postal Service, and if such [party] fails to notify the Court and opposing parties within 24 sixty-three (63) days thereafter of a current address, the Court may dismiss the action without 25 prejudice for failure to prosecute.” Local Rule 183(b). More than sixty-three days have passed since the subject court order was returned by the 26 27 postal service and petitioner has failed to notify the Court of his current address. 28 //// 1 Dockets.Justia.com 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this action. Additionally, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 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 (14) 7 days after being served with these findings and recommendations, petitioner may file written 8 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 9 Findings and Recommendations.” Any response to the objections shall be filed and served within 10 fourteen days after service of the objections. Petitioner is advised that failure to file objections 11 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 12 Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 DATED: November 26, 2018 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2