(PC) Wilson v. Siskiyou County Jail et al, No. 2:2023cv01364 - Document 15 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/27/2023 DIRECTING the Clerk to randomly assign a United States District Judge to this action. District Judge Troy L. Nunley and Magistrate Judge Edmund F. Br ennan for all further proceedings. It is further RECOMMENDED that this action be dismissed. 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-01364 TLN EFB (PC). (Lopez, K)
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(PC) Wilson v. Siskiyou County Jail et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL KEITH WILSON, 12 No. 2:23-cv-01364-EFB (PC) Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SISKIYOU COUNTY JAIL, 15 Defendant. 16 17 Plaintiff is a prisoner proceeding in this action without counsel. ECF No. 1. On July 24, 18 2023, the postal service returned mail directed to plaintiff marked: “Undeliverable, No Longer In 19 Custody.” On July 27, 2023, the postal service returned mail directed to plaintiff marked: 20 “Undeliverable, No longer there.” A party appearing without counsel must keep the court and all parties apprised of his 21 22 current address. E.D. Local Rule 183(b). If mail directed to such a plaintiff is returned by the 23 postal service, and plaintiff fails to notify the court and opposing parties within 63 days thereafter 24 of his current address, the court may dismiss the action without prejudice for failure to prosecute. 25 Id. More than 63 days have passed since the postal service returned the mail and plaintiff has 26 27 not notified the court of his current address nor has he otherwise made contact with the court. 28 //// 1 Dockets.Justia.com 1 Accordingly, it is hereby ORDERED that the Clerk of Court randomly assign a district 2 judge to this action. It is further RECOMMENDED that this action be dismissed. See Fed. R. 3 Civ. P. 41(b); Local Rules 110, 183(b). 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 12 Dated: November 27, 2023 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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