(PC) Abram v. Rackley et al, No. 2:2016cv02004 - Document 11 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/05/16 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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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 JABARR ABRAM, 12 13 14 15 No. 2:16-cv-2004 MCE KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS R.J. RACKLEY, et al., Defendants. 16 17 By order filed October 14, 2016, plaintiff’s complaint was dismissed and thirty days leave 18 to file an amended complaint was granted. Thirty days from that date have now passed, and 19 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. 20 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 21 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 22 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 23 the party is fully effective. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 3 objections shall be served and filed within fourteen days after service of the objections. The 4 parties are advised that failure to file objections within the specified time may waive the right to 5 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: December 5, 2016 7 8 9 /abra2004.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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