(PC) Clark v. Farinas et al, No. 2:2017cv00727 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 06/18/18 ORDERING the Clerk of the Court randomly assign a United States District Judge to this action. Also, RECOMMENDING that the complaint be dismissed without prejudice for failure to obey a court order. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOUREECE STONE CLARK, 12 Plaintiff, 13 14 No. 2:17-cv-0727 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS DELL FARINAS, et al., 15 Defendants. 16 By order issued March 30, 2018, plaintiff’s complaint was dismissed and thirty days leave 17 18 to file an amended complaint was granted. (See ECF No. 9). The thirty-day period has now 19 expired, and plaintiff has not filed an amended complaint or otherwise responded to the court’s 20 order. 21 Although it appears from the file that plaintiff’s copy of the order was returned as 22 undeliverable due to the fact that plaintiff is no longer in custody, plaintiff was properly served. 23 Service of documents at the record address of the party is fully effective. See L.R. 182(f). Moreover, it is the plaintiff’s responsibility to keep the court apprised of his current 24 25 address at all times. See L.R. 183(b). More than sixty-three days have passed since the court 26 order was returned by the postal service, and plaintiff has failed to notify the court of a current 27 address. 28 //// 1 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a United States District Judge to this action. IT IS FURTHER RECOMMENDED that the complaint be dismissed without prejudice for failure to obey a court order. See Fed. R. Civ. Proc. 41(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 days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 10 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 11 (9th Cir. 1991). 12 Dated: June 18, 2018 13 14 15 16 DLB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/clar0727.fta.nca 17 18 19 20 21 22 23 24 25 26 27 28 2