(PC) Buckner v. Sacramento County Jail, et al., No. 2:2021cv01922 - Document 7 (E.D. Cal. 2021)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/20/21 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 John A. Mendez. Objections due within 14 days.(Plummer, M)

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(PC) Buckner v. Sacramento County Jail, et al. Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LADARRIAN BUCKNER, 12 Plaintiff, 13 14 No. 2:21-cv-1922 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY JAIL, et al., 15 Defendants. 16 By an order filed November 2, 2021, plaintiff was ordered to file a completed in forma 17 18 pauperis affidavit using this court’s form, and a certified copy of his inmate trust account 19 statement, and was cautioned that failure to do so would result in a recommendation that this 20 action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the 21 court’s order and has not filed the required documents. Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 22 23 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 24 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 25 the party is fully effective. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 26 27 directed to assign a district judge to this case; and 28 //// 1 Dockets.Justia.com 1 2 Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: December 20, 2021 11 12 13 /buck1922.fifp 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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