(PS) Schembri v. FBI Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLEY A. SCHEMBRI, No. 2:23-cv-0184-DJC-KJN (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS WITHOUT PREJUDICE FOR 13 v. FAILURE TO PROSECUTE 14 FBI SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff filed this action on January 30, 2023, and requested leave to proceed in forma 18 pauperis (IFP). (ECF Nos. 1, 2.) On June 30, 2023, the court granted plaintiff’s IFP request and 19 issued an order granting plaintiff leave to amend. (ECF No. 4.) The clerk’s office attempted to 20 serve the order on plaintiff by mail, but on June 26, 2023, the order was returned as undeliverable. 21 In addition, on April 4, 2023, an order issued and was mailed to plaintiff at the provided address 22 after a newly appointed district judge, District Judge Calabretta, was reassigned to this case. 23 (ECF No. 3.) On May 1, 2023, the Order Reassigning Newly Appointed District Judge was 24 returned as undeliverable. 25 Under Local Rule 183(b), a party appearing pro se must keep the court advised as to his or 26 her current address. If mail directed to a pro se plaintiff by the clerk is returned, and the plaintiff 27 fails to advise the court of a current address within sixty-three (63) days, the court may dismiss 28 the action without prejudice for failure to prosecute. L.R. 183(b). Here, plaintiff was to notify 1 || the court of any change of address by July 10, 2023, 1.e., within sixty-three (63) days of the 2 || court’s April 4, 2023 order. Because that date passed and plaintiff has not notified the court of a 3 || current address, the court recommends that plaintiffs claims be dismissed without prejudice. 4 FINDINGS AND RECOMMENDATIONS 5 Accordingly, IT IS HEREBY RECOMMENDED that: 6 1. Plaintiffs claims be DISMISSED without prejudice under Local Rule 183(b); and 7 2. The Clerk of Court be directed to close this case. 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 fourteen (14) 10 || days after being served with these findings and recommendations, any party may file written 11 || objections with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 13 || shall be served on all parties and filed with the court within fourteen (14) days after service of the 14 || objections. The parties are advised that failure to file objections within the specified time may 15 || waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 16 | Cir. 1998); Martinez v. YIst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 17 | Dated: October 16, 2023 i Aectl Aharon 19 KENDALL J. NE wche.0184 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28