(PC) Folsom v. County of Shasta ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LESTER STANLEY FOLSOM, No. 2:21-cv-0186 KJM DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 COUNTY OF SHASTA, et al., 15 Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 19 §1983. In an order filed March 17, 2021, this court found plaintiff failed to state any claims for 20 relief cognizable under section 1983. This court gave plaintiff sixty days to file an amended 21 complaint and recommended some claims be dismissed. (ECF No. 6.) The March 17 order and 22 findings and recommendations was served on plaintiff’s address of record and returned by the 23 postal service. It appears that plaintiff has failed to comply with Local Rule 183(b), which 24 requires that a party appearing in propria persona inform the court of any address change. More 25 than sixty-three days have passed since the court order was returned by the postal service and 26 plaintiff has failed to notify the court of a current address. 27 Accordingly, this court HEREBY withdraws its March 17 Findings and 28 Recommendations. 1 Further, IT IS RECOMMENDED that this action be dismissed without prejudice for 2 | plaintiffs failure to prosecute and failure to comply with court orders. See E.D. Cal. R. 110 and 3 | 183(b); Fed. R. Civ. P. 41. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after 6 | being served with these findings and recommendations, plaintiff may file written objections with 7 | the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 8 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 9 | may waive the right to appeal the District Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th 10 | Cir. 1991). 11 | Dated: June 28, 2021 12 13 14 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 15 16 17 | piB:9 8 DB Prisoner Inbox/civil rights/R/fols0186.33a 19 20 21 22 23 24 25 26 27 28