(PC) DeMauria v. Rio Consumnes Correction Facility, No. 2:2022cv00052 - Document 8 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/20/23 DIRECTING the Clerk to randomly assign a District Judge. District Judge Troy L. Nunley added to case. It is further RECOMMENDED that the complaint be dismis sed for failure to state a claim for the reasons set forth in the 10/11/23 5 Screening Order. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-0052 TLN AC (PC)(Licea Chavez, V)
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(PC) DeMauria v. Rio Consumnes Correction Facility Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLAN DEMAURIA, 12 Plaintiff, 13 14 15 No. 2:22-cv-0052 AC P v. ORDER AND FINDINGS & RECOMMENDATIONS RIO CONSUMNES CORRECTIONAL FACILITY, Defendant. 16 17 By order filed October 11, 2023, the complaint was screened and found to not state a 18 claim for relief. ECF No. 5. Plaintiff was given thirty days to file an amended complaint and 19 cautioned that failure to do so would result in a recommendation that this action be dismissed. Id. 20 at 6. Thirty days have now passed, and plaintiff has not filed an amended complaint. The court 21 notes that the order directing plaintiff to amend the complaint was returned by the postal service, 22 and the Contra Cost County Sheriff’s Office has submitted a notice stating that plaintiff has been 23 released from custody. ECF No. 7. It is the plaintiff’s responsibility to keep the court apprised of 24 his current address at all times, and pursuant to Local Rule 182(f), service of documents at the 25 record address of the party is fully effective. Therefore, the order directing plaintiff to amend the 26 complaint was properly served. 27 //// 28 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a United States District Judge to this action. IT IS FURTHER RECOMMENDED that the complaint be dismissed for failure to state a 4 claim for the reasons set forth in the October 11, 2023 Screening Order (ECF No. 5). See L.R. 5 110; Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 8 after being served with these findings and recommendations, plaintiff may file written objections 9 with the court and serve a copy on all parties. Such a document should be captioned “Objections 10 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 objections within the specified time may waive the right to appeal the District Court’s order. 12 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 DATED: November 20, 2023 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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