(PC) Harris v. Kernan, No. 2:2018cv00148 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/4/2018 ORDERING the Clerk to assign a district court judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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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 MICAHEL DALE HARRIS, 12 Plaintiff, 13 14 No. 2:18-cv-0148 CKD P v. ORDER AND SCOTT KERNAN, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 On January 23, 2018, the Clerk of the Court sent plaintiff certain documents related to this 17 18 case. The documents were returned to the court by the U.S. Postal Service on February 7, 2018 19 with a notation that plaintiff no longer resides at High Desert State Prison and has been released 20 from custody. A review of the California Department of Corrections and Rehabilitation Inmate 21 Locator confirms that plaintiff is no longer in custody. It is the plaintiff’s responsibility to keep 22 the court apprised of his current address at all times which he has not done. Plaintiff’s failure to 23 do so requires dismissal of this action. See Local Rule 183(b). Accordingly, IT IS HEREBY ORERED that the Clerk of the Court assign a district court 24 25 judge to this case. 26 ///// 27 ///// 28 ///// 1 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 4 being served with these findings and recommendations, plaintiff may file written objections with 5 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 6 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 7 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 8 1991). 9 Dated: April 4, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 . 13 14 15 1 harr0148.nca 16 17 18 19 20 21 22 23 24 25 26 27 28 2