(PC) Hernandez v. Thomas ( 2019 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY HERNANDEZ, No. 2:17-CV-1803-KJM-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 THOMAS, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court is defendant’s motion to dismiss for failure to inform 19 the court of a change of address (ECF No. 56). 20 On March 12, 2019, mail directed to plaintiff was returned by the United States 21 Postal Service as undeliverable. Pursuant to Eastern District of California Local Rule 183(b), any 22 party appearing pro se must file and serve a notice of change of address within 63 days of mail 23 being returned. A review of the docket reflects that plaintiff has filed a notice of change of 24 address.1 Though he did so outside the 63-day window, the court finds plaintiff’s tardiness 25 should be excused and this action should proceed. 26 / / / 27 1 By separate order issued herewith, the court vacates the prior findings and recommendations that 28 defendant’s motion be granted. 1 Based on the foregoing, the undersigned recommends that defendant’s motion to 2 | dismiss (ECF No. 56) be denied. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court. Responses to objections shall be filed within 14 days after service of 7 | objections. Failure to file objections within the specified time may waive the right to appeal. See 8 | Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 9 10 || Dated: October 3, 2019 Ssvcqo_ M DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28