(PC) Alexander v. Strohmaier et al, No. 2:2018cv00195 - Document 8 (E.D. Cal. 2019)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/9/2019 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimbely 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 LARRY D. ALEXANDER, 12 Plaintiff, 13 14 v. No. 2:18-cv-0195 KJN P ORDER and FINDINGS & RECOMMENDATIONS B. STROHMAIER, et al., 15 Defendants. 16 By order filed November 6, 2018, plaintiff’s complaint was dismissed and thirty days 17 18 leave to file an amended complaint was granted. Thirty days from that date have now passed, and 19 plaintiff has not filed an amended complaint, or otherwise responded to the court’s order. Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 20 21 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 22 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 23 the party is fully effective. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall assign a district 24 25 judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See 26 27 Local Rule 110; Fed. R. Civ. P. 41(b). 28 //// 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 days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: January 9, 2019 9 10 11 alex0195.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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