(PC) Eleby v. Beard ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYRONE C. ELEBY, No. 2:18-cv-2032 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 J. BEARD, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 By order issued April 14, 2020, plaintiff’s complaint was dismissed, and thirty days leave 21 to file an amended complaint was granted. ECF No. 7. Thereafter, on May 8, 2020, the order 22 sent to plaintiff was returned to the court as undeliverable. The record indicates that to date, 23 plaintiff has not filed a change of address with the court as required by the Local Rules. See L.R. 24 182(f). 25 The thirty-day period for plaintiff to file an amended complaint has now expired. 26 Plaintiff, however, has not filed one or otherwise responded to the court’s order. 27 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 28 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current wOAOe 2.40 VMEVUVO RINGYD MVUVUTTIOCTI SY PRC Vee PAY ee 1 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 2 | the party is fully effective. 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 4 | District Court Judge to this action. 5 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 6 | for failure to state a claim and for failure to prosecute. See 28 U.S.C. § 1915A(b)(1); Fed. R. Civ. 7 | P.41(b); L.R. 110. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 10 | being served with these findings and recommendations, plaintiff may file written objections with 11 | the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 12 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 13 | waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 14 | 1991). 15 | Dated: July 22, 2020 17 18 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 | piB.13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/eleb2032.ftanca 20 21 22 23 24 25 26 27 28