(PC) McCoy v. Sacramento Jail Mental Health Services ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME ELI MCCOY, No. 2:19-cv-1092 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO JAIL MENTAL HEALTH SERVICES, 15 Defendant. 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 On July 30, 2021, plaintiff’s second amended complaint was screened and found to 21 contain both cognizable and non-cognizable claims. See generally ECF No. 16. As a result, 22 plaintiff was directed to return a notice to the court within fourteen days stating how he wished to 23 proceed. See id. at 6-7. 24 On August 11, 2021, the court’s order was returned as undeliverable. Since then, plaintiff 25 has not filed a change of address with the court. Local Rule 183(b) requires that a party 26 appearing in propria persona inform the court of any address change. More than sixty-three days 27 //// 28 1 | have passed since the court order was returned by the postal service, and plaintiff has failed to 2 || notify the court of a current address. 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 prosecute. See Local Rule 183(b). 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 9 || after being served with these findings and recommendations, plaintiff may file written objections 10 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 11 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 12 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 13 | (9th Cir. 1991). 14 | DATED: October 13, 2021 ~ 15 ththienr—Chnp—e_ ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28