(PC) Sykes v. Warden ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVONTE DOMINIQUE SYKES, Case No. 1:22-cv-00864-CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION WITHOUT PREJUDICE 13 v. FOR FAILURE TO PROSECUTE 14 WARDEN, (ECF No. 16) 15 Defendant. FOURTEEN (14) DAY DEADLINE 16 Clerk of Court to assign a district judge. 17 18 Plaintiff Davonte Dominique Sykes is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action filed under 42 U.S.C. § 1983. On July 19, 2022, the Court 20 granted Plaintiff’s application to proceed in forma pauperis (“IFP”). (ECF No. 14.) The Court 21 served the IFP order on Plaintiff by U.S. Postal Service. On July 25, 2022, the U.S. Postal 22 Service returned the order as “Undeliverable: Paroled.” Because more than sixty-three days have 23 passed and Plaintiff has failed to notify the Court of his new address, the Court may dismiss this 24 action for failure to prosecute. See Local Rule 183(b). 25 On October 7, 2022, the Court ordered Plaintiff to show cause why this action should not 26 be dismissed and advised that Plaintiff’s failure to respond to the order within 30 days (e.g., by 27 November 7, 2022) would result in dismissal of the case for failure to prosecute. (ECF No. 15.) 28 The Court further directed CDCR to attempt to serve the show-cause order at any forwarding 1 | address for Plaintiff. Ud.) Following transmittal, Plaintiff's copy of the show-cause order and a 2 || separate, administrative order each were returned as “Undeliverable, Paroled.” 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED without 4 | prejudice for Plaintiff's failure to prosecute. 5 These Findings and Recommendations will be submitted to the United States District 6 | Judge assigned to the case pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen 7 | (14) days after being served with these findings and recommendations, Plaintiff may file written 8 | objections with the Court. The document should be captioned, “Objections to Magistrate Judge's 9 | Findings and Recommendations.” Plaintiff is advised that the failure to file objections within the 10 | specified time may result in the waiver of the “right to challenge the magistrate’s factual 11 | findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 12 | Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 The Clerk of Court is DIRECTED to appoint a district judge to this action. 14 | IT IS SO ORDERED. ' | Dated: November 8, 2022 | hr 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28