(PC) Butler v. Baker et al, No. 2:2023cv00565 - Document 7 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 07/05/2023 DIRECTING the Clerk to assign a district judge to this case. District Judge Dale A. Drozd and Magistrate Judge Jeremy D. Peterson assigned for all fur ther proceedings. It is RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Dale A. Drozd. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-0565 DAD JDP (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 JAHMARI BUTLER, 12 13 14 15 Case No. 2: 23-cv-00565-JDP (PC) Plaintiff, v. ORDER; FINDINGS & RECOMMENDATIONS D. BAKER , et al., Defendants. 16 17 A recent court order served on plaintiff’s address of record was returned by the postal 18 service. It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that 19 a party appearing in propria persona inform the court of any address change. More than sixty- 20 three days have passed since the court order was returned by the postal service, and plaintiff has 21 failed to notify the court of a current address. 22 23 24 25 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of Court is directed to assign a district judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Any response to the objections shall be filed and served within fourteen 3 days after service of the objections. Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 5 1153 (9th Cir. 1991). 6 7 IT IS SO ORDERED. 8 Dated: 9 10 July 5, 2023 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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