(PC) Velarde v. Chico Police Dept. et al, No. 2:2022cv01823 - Document 6 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 07/27/2023 DIRECTING the Clerk to randomly assign a district judge to this case. District Judge Daniel J. Calabretta and Magistrate Judge Deborah Barnes assigned for all further proceedings. It is RECOMMENDED that this action be dismissed without prejudice and that the Clerk be directed to close this case. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:22-cv-1823 DJC DB (PC). (Spichka, 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 JOHN EDWARD VELARDE, 12 Plaintiff, 13 14 No. 2:22-cv-1823 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS CHICO POLICE DEPARTMENT et al., 15 Defendants. 16 Plaintiff is a county inmate proceeding pro se and in forma pauperis with this civil rights 17 18 action seeking relief pursuant to 42 U.S.C. § 1983. By order filed April 4, 2023, the court issued 19 an order dismissing plaintiff’s amended complaint with leave to file an amended complaint. 20 (ECF No. 5.) It also denied plaintiff’s motion to proceed in forma pauperis without prejudice 21 because his in forma pauperis application was incomplete, and directed plaintiff to submit a 22 completed application within thirty days. (Id.) 23 Those thirty days have passed, and plaintiff has not filed an amended complaint, a 24 completed application to proceed in forma pauperis, or otherwise responded to the court’s order. 25 The court’s April 4, 2023, order was returned as undeliverable, and plaintiff has not filed a notice 26 of change of address. However, pursuant to Local Rule 182(f), service of documents at the record 27 address of the party is fully effective. Therefore, the undersigned will recommend this action be 28 //// 1 1 dismissed without prejudice for failure to prosecute and failure to comply with a court order. 2 Fed. R. Civ. P. 41(b); E.D. Cal. R. 110. 3 4 5 For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a district judge to this case. IT IS RECOMMENDED that: 6 1. This action be dismissed without prejudice; and 7 2. The Clerk of the Court be directed to close this case. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) 10 days after being served with these findings and recommendations, plaintiff may file written 11 objections with the court and serve a copy on all parties. Such a document should be captioned 12 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 13 failure to file objections within the specified time may waive the right to appeal the District 14 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: July 27, 2023 16 17 18 19 DB: 15 DB/DB Prisoner Inbox/Civil Rights/R/vela1823.fta ifp fr 20 21 22 23 24 25 26 27 28 2
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