(PS) Wade v. GAT-Airline Ground Support ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD LAMAR WADE, No. 2:22-cv-2194-KJM-KJN (PS) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS WITHOUT PREJUDICE FOR 13 v. FAILURE TO PROSECUTE 14 GAT-AIRLINE GROUND SUPPORT, 15 Defendant. 16 17 Plaintiff filed this action on December 9, 2022, and requested leave to proceed in forma 18 pauperis (IFP). (ECF Nos. 1, 2.) On May 18, 2023, the court granted plaintiff’s IFP request and 19 issued an order directing service. (ECF No. 3.) The clerk’s office attempted to serve the order 20 and submission documents on plaintiff at the address provided by mail, but on June 26, 2023, the 21 order and submission documents were returned as undeliverable. 22 Under Local Rule 183(b), a party appearing pro se must keep the court advised as to his or 23 her current address. If mail directed to a pro se plaintiff by the clerk is returned, and the plaintiff 24 fails to advise the court of a current address within sixty-three (63) days, the court may dismiss 25 the action without prejudice for failure to prosecute. L.R. 183(b). Here, plaintiff was to notify 26 the court of any change of address by September 5, 2023, i.e., within sixty-three (63) days of the 27 court’s June 26, 2023 order. Because that date passed and plaintiff has not notified the court of a 28 current address, the court recommends that plaintiff’s claims be dismissed without prejudice. 1 FINDINGS AND RECOMMENDATIONS 2 Accordingly, IT IS HEREBY RECOMMENDED that: 3 1. Plaintiffs claims be DISMISSED without prejudice under Local Rule 183(b); and 4 2. The Clerk of Court be directed to close this case. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 7 || days after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 10 || shall be served on all parties and filed with the court within fourteen (14) days after service of the 11 || objections. The parties are advised that failure to file objections within the specified time may 12 || waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th 13 | Cir. 1998); Martinez v. YIst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 14 | Dated: October 16, 2023 Aectl Aharon 16 KENDALL J. NE wade2194 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28