(PC)Ausborn v. California Health Care Facility ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY AUSBORN, No. 2:20-cv-0590 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 CALIFORNIA HEALTH CARE FACILITY, et al., 15 Defendants. 16 17 18 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this 19 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 21, 2021, court orders that had been served on Plaintiff’s address of record which 22 granted Plaintiff’s request to proceed in forma pauperis and directed him to file an amended 23 complaint (see ECF Nos. 8, 9) were returned by the postal service. 24 It appears that Plaintiff has failed to comply with Local Rule 183(b), which requires that a 25 party appearing in propria persona inform the Court of any address change. More than sixty-three 26 days have passed since the Court order was returned by the postal service, and Plaintiff has failed 27 to notify the Court of a current address. 28 //// ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a 2 || United States District Judge to this action, and 3 IT IS HEREBY RECOMMENDED that this action be DISMISSED without prejudice for 4 | failure to prosecute. See Local Rule 183(b). 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 days 7 || after being served with these findings and recommendations, Plaintiff may file written objections 8 | with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings 9 || and Recommendations.” Plaintiff □□ advised that failure to file objections within the specified 10 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 11 | (9th Cir. 1991). 12 | DATED: March 2, 2022 ~ Cttt0 Lhar—e_ 13 ALLISONCLAIRE. 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28