(PC) Tayag v. Carreon, No. 2:2023cv01682 - Document 12 (E.D. Cal. 2023)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/04/2023 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Daniel J. Calabretta. Objections due within 30 days after being served with these Findings and Recommendations. (Woodson, A) Modified on 12/5/2023 (Woodson, A).

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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 EDWIN JOHN TAYAG, 12 Plaintiff, 13 14 No. 2:23-cv-1682 DJC DB P v. FINDINGS AND RECOMMENDATIONS CARREON, 15 Defendant. 16 Plaintiff filed this civil rights action under 42 U.S.C. §1983. In an order filed October 18, 17 18 2023, this court found plaintiff stated a potentially cognizable claim for relief pursuant to 42 19 U.S.C. §1983. Plaintiff was ordered to submit to the court service documents for defendant 20 Carreon within thirty days. The October 18 order was served on plaintiff at the Stanton 21 Correctional Facility, the only address of record for plaintiff. Thirty days have passed and plaintiff has not submitted service documents or otherwise 22 23 responded to this court’s order. Court records show that plaintiff’s copy of the October 18 order 24 was returned by the Post Office. In addition, the Sheriff’s Office notified the court that plaintiff is 25 no longer in custody there. It is plaintiff’s responsibility to keep the court apprised of his current 26 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 27 the party is fully effective. 28 //// 1 1 2 3 4 5 This court will recommend this action be dismissed for plaintiff’s failure to prosecute and failure to comply with court orders. See Fed. R. Civ. P. 41; E.D. Cal. R. 110. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41; E.D. Cal. R. 110. These findings and recommendations will be submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 7 being served with these findings and recommendations, plaintiff may file written objections with 8 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 9 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 11 1153 (9th Cir. 1991). 12 Dated: December 4, 2023 13 14 15 16 17 18 19 20 21 22 23 DLB:9 DB Prisoner Inbox/Civil Rights/R/taya1682.fta fr 24 25 26 27 28 2

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