(PS) Halousek v. Sacramento County Sheriff ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHEILA HALOUSEK, No. 2:21-cv-2351 TLN DB PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SACRAMENTO COUNTY SHERIFF’S OFFICE AND THE STATE OF 15 CALIFORNIA, 16 Defendants. 17 18 Plaintiff Sheila Halousek is proceeding in this action pro se. This matter was referred to 19 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On April 20 26, 2022, and October 31, 2022, orders sent to plaintiff were returned as undeliverable. Pursuant 21 to Local Rule 183(b) a plaintiff appearing pro se has a duty to keep the Court advised of his or her 22 current address. If mail directed at the plaintiff is returned by the U.S. Postal Service and the 23 plaintiff fails to provide a current address within 63 days, “the Court may dismiss the action 24 without prejudice for failure to prosecute.” (Id.) Here, well over 63 days have passed and 25 plaintiff has not provided a current address. 26 //// 27 //// 28 //// 1 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 2 | prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations will be submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 | after being served with these findings and recommendations, plaintiff may file written objections 6 | with the court. A document containing objections should be titled “Objections to Magistrate 7 | Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 8 | the specified time may, under certain circumstances, waive the right to appeal the District Court’s 9 | order. See Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: April 5, 2023 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 DLB:6 23 | DB\orders\orders.pro se\halousek235 1 .dlop.add.f&rs 24 25 26 27 28