(PC) Larson v. Butte County Sheriff Department et al, No. 2:2017cv02337 - Document 14 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/12/18 DIRECTING the clerk to randomly assign a district judge. District Judge Morrison C. England, Jr added. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objection due within 14 days after being served with these findings and recommendations. New Case Number: 2:17-cv-2337-MCE-KJN (PC). (Coll, A)
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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 DANIEL LARSON, 12 13 14 15 16 No. 2:17-cv-2337 KJN P Plaintiff, v. BUTTE COUNTY SHERIFF’S MEDICAL STAFF, et al., ORDER AND FINDINGS & RECOMMENDATIONS Defendants. 17 18 By order filed November 9, 2018, plaintiff’s complaint was dismissed and thirty days 19 leave to file an amended complaint was granted. The thirty-day period has now expired, and 20 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 21 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 22 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 23 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 24 the party is fully effective. 25 26 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a District Judge to this action; and IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 7 1991). 8 Dated: December 12, 2018 9 10 /lars2337.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2