(HC) Sinclair v. Schaber et al, No. 2:2023cv01166 - Document 4 (E.D. Cal. 2023)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/18/2023 DIRECTING the Clerk to appoint a district judge to this action. District Judge Troy L. Nunley and Magistrate Judge Kendall J. Newman assigned for all f urther proceedings. It is RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:23-cv-1166 TLN KJN (HC). (Spichka, K.)

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(HC) Sinclair v. Schaber et al Doc. 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEXANDER SINCLAIR, 12 13 14 15 No. 2:23-cv-1166 KJN P Petitioner, v. ORDER & FINDINGS & RECOMMENDATIONS GORDON D. SHABER, et al., Respondents. 16 17 A recent court order was served on petitioner’s address of record and returned by the 18 postal service. It appears that petitioner failed to comply with Local Rule 183(b), which requires 19 that a party appearing in propria persona inform the court of any address change. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, petitioner may file written 27 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Any response to the objections shall be filed and served within 1 Dockets.Justia.com 1 fourteen days after service of the objections. Petitioner is advised that failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 3 Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: July 18, 2023 5 6 7 8 9 10 sinc1166.33a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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