- 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL KEITH WILSON, No. 2:23-cv-01358-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SISKIYOU COUNTY JAIL, 15 Defendant. 16 17 Plaintiff is a prisoner proceeding in this action without counsel. ECF No. 1. On July 19, 18 2023, the postal service returned mail directed to plaintiff marked: “Undeliverable, No Longer 19 Here.” 20 A party appearing without counsel must keep the court and all parties apprised of his 21 current address. E.D. Local Rule 183(b). If mail directed to such a plaintiff is returned by the 22 postal service, and plaintiff fails to notify the court and opposing parties within 63 days thereafter 23 of his current address, the court may dismiss the action without prejudice for failure to prosecute. 24 Id. 25 More than 63 days have passed since the postal service returned the mail and plaintiff has 26 not notified the court of his current address. 27 Accordingly, it is hereby ORDERED that the Clerk of Court randomly assign a district 28 judge to this action. It is further RECOMMENDED that this action be dismissed. See Fed. R. 1 | Civ. P. 41(b); Local Rules 110, 183(b). 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 | after being served with these findings and recommendations, any party may file written 5 || objections with the court and serve a copy on all parties. Such a document should be captioned 6 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 8 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). ? LOZ fo p 10 || Dated: November 27, 2023 SPoultiee CT hig : Alien EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 2:23-cv-01358
Filed Date: 11/28/2023
Precedential Status: Precedential
Modified Date: 6/20/2024