(PS) Garcia v. Evans, No. 2:2018cv01760 - Document 4 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/5/2018 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)

Download PDF
(PS) Garcia v. Evans Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN CHINO GARCIA, 12 Plaintiff, 13 14 15 No. 2:18-cv-1760 TLN GGH FINDINGS AND RECOMMENDATIONS v. GEORGE EVANS, Owner of Max Electricians, Defendant. 16 17 Plaintiff filed this breach of contract action pro se on June 19, 2018, ECF No. 1, along 18 19 with a motion to proceed in forma pauperis. ECF No. 2. The magistrate judge to whom the 20 matter was referred issued an Order on July 5, 2018, granting the in forma pauperis motion and 21 dismissing the Complaint with leave to amend within 45 days of the date of the Order. ECF No. 22 3. This Order was served on plaintiff’s address of record on July 5, 2018 and the mail was 23 returned as undeliverable by the postal service and unable to forward on August 6, 2018. It 24 appears that plaintiff has failed to comply with Local Rule 183(b), which requires that a party 25 appearing in pro se inform the court of any address change. More than sixty-three days have 26 passed since the court order was returned by the postal service and plaintiff has failed to notify 27 the Court of a current address. 28 //// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 5 days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 11 12 13 IT IS SO ORDERED. Dated: November 5, 2018 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.