(PC) Jiminez v. Martel et al, No. 2:2016cv02558 - Document 5 (E.D. Cal. 2016)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/15/16 ORDERING that the Clerk of the Court randomly assign a District Judge to this case. U.S. District Judge William B. Shubb randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)

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(PC) Jiminez v. Martel et al Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OBDULIO JIMINEZ, 12 13 14 15 No. 2:16-cv-2558 AC P Plaintiff, v. ORDER and MICHAEL MARTEL, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 17 18 19 This prisoner civil rights action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). On October 27, 2016, plaintiff filed a complaint and motion to proceed in forma pauperis. 20 However, plaintiff had signed neither document. By order filed October 31, 2016, this court 21 dismissed these matters and granted plaintiff leave to file, within thirty days, a new complaint and 22 motion to proceed in forma pauperis, each bearing plaintiff’s dated signature. See ECF No. 4. 23 Plaintiff was informed that failure to timely comply with the court’s order would result in a 24 recommendation that this action be dismissed without prejudice. Id. at 2. 25 More than thirty days have passed and plaintiff has not filed the required documents or 26 otherwise communicated with the court. Moreover, review of the Inmate Locator website 27 operated by the California Department of Corrections and Rehabilitation indicates that plaintiff is 28 1 Dockets.Justia.com 1 no longer incarcerated under the authority of the CDCR.1 For these reasons, the undersigned will 2 recommend dismissal of this action. 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this case. 5 6 Additionally, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 9 days after being served with these findings and recommendations,2 plaintiff may file written 10 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 11 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 12 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 13 F.2d 1153 (9th Cir. 1991). 14 DATED: December 15, 2016 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 See http://inmatelocator.cdcr.ca.gov/search.aspx. See also Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be questioned). 2 Absent a timely notice of change of address, the Clerk of Court shall serve this order on plaintiff at his current address of record, the California Health Care Facility. Service of documents at a pro se party’s address of record is deemed fully effective. Local Rule 182(f). 2

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