(PC) Reyes v. Bello, No. 2:2017cv00032 - Document 7 (E.D. Cal. 2017)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/11/2017 ORDERING a district judge be assigned to this case and RECOMMENDING this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 SHANE MYRON REYES, 12 Plaintiff, 13 v. 14 No. 2:17-cv-0032 DB P BELLO, 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 16 17 On October 2, 2017, a court order was served on plaintiff’s address of record directing 18 him to submit either: (1) the filing fees for his complaint, or (2) a properly completed in forma 19 pauperis form. (See ECF No. 6). Approximately two weeks later, the order was returned to the 20 court by the postal service as undeliverable. It appears that plaintiff has failed to comply with 21 Local Rule 183(b), which requires that a party appearing in propria persona inform the court of 22 any address change. More than fifty-three days have passed since the court order was returned by 23 the postal service, and plaintiff has failed to notify the court of a current address. 24 Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this case, and 25 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to 26 prosecute. See Local Rule 183(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Any response to the objections shall be filed and served within fourteen 4 days after service of the objections. Plaintiff is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 6 F.2d 1153 (9th Cir. 1991). 7 Dated: December 11, 2017 8 9 10 11 12 13 14 15 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/reye0032.33a 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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