(PC)Jones v. Ramirez ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES JONES, No. 2:20-cv-1984 WBS AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CURTIS ALLEN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 1, 2022, the undersigned issued findings and recommendations which 21 recommended that a defendant in this action be dismissed. ECF No. 18. On July 5, 2022, the 22 district judge assigned to this case adopted the findings and recommendations. ECF No. 20. 23 Shortly thereafter, an order issued directing defendants to be served. ECF No. 21. 24 On July 12, 2022, the district judge’s order adopting the findings and recommendations 25 was returned to the court as “unable to locate.” On October 26, 2022, a subsequent order issued 26 by the undersigned which granted defendants’ motion for an extension of time to file a responsive 27 pleading was also returned to the court as “undeliverable, return to sender.” 28 //// ] Although it appears from the file that plaintiffs copies of the two orders were returned to 2 || the court, plaintiff was properly served. It is the plaintiffs responsibility to keep the court 3 || apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents 4 || at the record address of the party is fully effective. Additionally, more than sixty-three days have 5 || passed since the court’s July 5, 2022, order was returned to the court. During this period, plaintiff 6 || has not filed a change of address with the court as required by the Local Rules. See Local Rule 7 || 183(b). Therefore, the undersigned will recommend that this matter be dismissed for failure to 8 || prosecute. See id. 9 Accordingly, IT IS HEREBY ORDERED that defendants’ deadline to file a responsive 10 || pleading, see ECF No. 30, is VACATED. 11 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 12 || for failure to prosecute. See Local Rules 110, 183(b); Fed. R. Civ. P. 41(b). 13 These findings and recommendations are submitted to the United States District Judge 14 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 15 | after being served with these findings and recommendations, any party may file written 16 || objections with the court and serve a copy on all parties. Such a document should be captioned 17 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 18 || objections shall be filed and served within fourteen days after service of the objections. The 19 | parties are advised that failure to file objections within the specified time may waive the right to 20 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 21 DATED: November 2, 2022 ~ 22 thin Chane ALLISON CLAIRE 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28