(PC) Vicari v. Amador County ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD ANGELO VICARI, No. 2:22-cv-0215 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 AMADOR COUNTY, 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. On October 27, 2023, defendant filed a motion for summary judgment. ECF No. 19 22. On December 5, 2023, plaintiff was ordered to file an opposition or a statement of non- 20 opposition to the pending motion within twenty-one days. ECF No. 23. In the same order, 21 plaintiff was informed that failure to file an opposition would result in a recommendation that this 22 action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil 23 Procedure 41(b). The twenty-one-day period has now expired, and plaintiff has not responded to 24 the court’s order. 25 The court notes that the order directing plaintiff to respond to the motion was returned by 26 the postal service. (Docket notation dated December 18, 2023.) It is the plaintiff’s responsibility 27 to keep the court apprised of his current address at all times, and pursuant to Local Rule 182(f), 28 service of documents at the record address of the party is fully effective. Therefore, the order 1 | directing plaintiff to respond to the motion and warning him of the consequences of failing to do 2 || so was properly served. 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 4 || assign a United States District Judge to this action. 5 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice 6 || pursuant to Federal Rule of Civil Procedure 41(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 fourteen days 9 || after being served with these findings and recommendations, any party may file written 10 || objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 || objections shall be filed and served within fourteen days after service of the objections. The 13 || parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 | DATED: January 9, 2024 ~ 16 Chthion— Chore ALLISON CLAIRE 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28