(PC) Kononov v. Sacramento County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VITALY KONONOV, No. 2:21-cv-2076 JAM AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO COUNTY, et al., 15 Defendants. 16 17 On December 3, 2021, Plaintiff was ordered to file a completed in forma pauperis 18 affidavit, a completed, certified copy of his inmate trust account statement, and a first amended 19 complaint, and he was given thirty days within which to do so. See ECF No. 5 at 2. At that time, 20 Plaintiff was cautioned that failure to fully comply with the Court’s order would result in a 21 recommendation that this action be dismissed. See id. Plaintiff’s thirty-day period to file the 22 required documents has expired, and he has not filed them. 23 On December 13, 2021, the Court’s order was returned to it as “undeliverable, RTS, not in 24 custody.” Pursuant to Local Rule 182(f), however, service of documents at the address of record 25 for Plaintiff is fully effective. 26 It is Plaintiff’s responsibility to keep the court apprised of his current address at all times. 27 To date, Plaintiff has not filed a notice of change of address with the Court. In addition, the 28 //// 1 || sixty-three-day period within which to file a notice of change of address has also expired. See 2 | Local Rule 183(b). For these reasons, the undersigned will recommend that this action be 3 || dismissed. 4 Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED without 5 || prejudice for failure to prosecute. 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, Plaintiff may file written objections 9 || with the Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 10 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 12 | (9th Cir. 1991). 13 || DATED: March 1, 2022 ~ 14 Chttien— Clare ALLISON CLAIRE Id UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28