(PC) Bush v. Dept. of Corrections & Rehabilitation et al, No. 2:2022cv02008 - Document 14 (E.D. Cal. 2023)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/10/2023 RECOMMENDING that this action be dismissed without prejudice. Referred to Chief District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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(PC) Bush v. Dept. of Corrections & Rehabilitation et al Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG A. BUSH, 12 13 14 15 16 No. 22-cv-2008 KJM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendants. 17 18 By order filed May 26, 2023, plaintiff’s amended complaint was dismissed and thirty days 19 leave to file an a second amended complaint was granted. The thirty-day period has now expired, 20 and plaintiff has not filed an amended complaint. 21 Although it appears from the file that plaintiff’s copy of the May 26, 2023, order was 22 returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court 23 apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents 24 at the record address of the party is fully effective. 25 26 In accordance with the above, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 5 Cir. 1991). 6 Dated: July 10, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 bush2008.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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