(PC) Moulten v. Jakubowski, No. 2:2019cv01617 - Document 11 (E.D. Cal. 2019)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/04/19 ORDERING the Clerk of the Court is directed to assign a District Judge to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

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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 MATTHEW MOULTEN, 12 No. 2:19-cv-1617 KJN P Plaintiff, 13 v. 14 ORDER AND FINDINGS AND RECOMMENDATIONS MARINE JAKUBOWSKI, 15 Defendant. 16 By order filed September 26, 2019, plaintiff’s complaint was dismissed and thirty days 17 18 leave to file an amended complaint was granted. The thirty day period has now expired, 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,1 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. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 24 25 directed to assign a district judge to this case; and 26 27 28 The docket entry notes the mail was returned as “refused, unable to forward,” and the CDCR inmate locator reflects plaintiff is not in CDCR custody. http://inmatelocator.cdcr.ca.gov/default.aspx (accessed November 1, 2019). 1 1 1 2 Further, IT IS RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 5 being served with these findings and recommendations, plaintiff may file written objections with 6 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 7 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 8 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 9 1991). 10 Dated: November 4, 2019 11 12 /cw/moul1617.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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