(PC) Stamper v. Lassen County Adult Detention Facility ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NEIL STAMPER, No. 2:20-cv-1251 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 LASSEN COUNTY ADULT DETENTION FACILITY, et al., 15 Defendants. 16 17 18 By order issued September 3, 2021, plaintiff was directed to file a completed in forma 19 pauperis affidavit for non-prisoners, and to do so within thirty days. See ECF No. 7. Thereafter, 20 on October 4, 2021, plaintiff was ordered to show cause within thirty days why this action should 21 not be dismissed for failure to prosecute and for failure to comply with a court order. See ECF 22 No. 8. 23 The order regarding in forma pauperis status was served by mail on plaintiff, and returned 24 on November 1, 2021 as “undeliverable, unclaimed.” Three weeks later, on November 22, 2021, 25 the order to show cause was also returned, as “undeliverable, unable to forward.” The thirty-day 26 periods set by the court have expired, and the sixty-three-day period that pro se parties are given 27 to file a change of address with the Court has also expired. See Local Rule 183(b). Plaintiff has 28 not filed the documents required, nor responded to either of the court’s orders in any way. ] It is plaintiffs responsibility to keep the court apprised of his current address at all times. 2 | Therefore, pursuant to Local Rule 182(f), service of documents at the address of record for 3 | plaintiff is fully effective. 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. The Clerk of Court is directed to assign a District Court Judge to this case, and 6 2. Plaintiffs Application to Proceed In Forma Pauperis By A Prisoner (ECF No. 2) is 7 || DENIED as improperly filed. 8 IT IS FURTHER RECOMMENDED that this action be DISMISSED for failure to 9 || prosecute and for failure to obey a court order. See Fed. R. Civ. P. 41(b); see also L.R. 110. 10 These findings and recommendations are submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 12 | after being served with these findings and recommendations, plaintiff may file written objections 13 || with the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 14 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 15 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 16 | (9th Cir. 1991). 17 | DATED: January 13, 2022 ~ Cttt0 Lhar—e_ ALLISONCLAIRE. 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28