(HC) Lewis v. The People of the State of CA ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOEL LADON LEWIS, No. 2:22-cv-01307 WBS DB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondents. 16 17 18 By order filed January 19, 2023, petitioner’s habeas application was dismissed and thirty 19 days’ leave to file an amended petition was granted. That time period has expired, and petitioner 20 has not responded to the court’s order. Although petitioner’s copy of the order was returned by 21 the U.S. Postal Service on February 2, 2023, petitioner was properly served. 22 It is petitioner’s responsibility to keep the court apprised of his current address at all 23 times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is 24 fully effective. If mail directed to a person proceeding in propria persona by the Clerk is returned 25 by the U.S. Postal Service, and if such party fails to notify the Court and opposing parties within 26 sixty-three (63) days thereafter of a current address, the Court may dismiss the action without 27 prejudice for failure to prosecute. See Local Rule 183(b). 28 //// 1 Petitioner has failed to respond to the court’s order filed January 19, 2023. It also appears 2 | that petitioner has failed to comply with the local rules requiring a party appearing in propria 3 | persona to inform the court of any address change. 4 For these reasons, IT IS HEREBY RECOMMENDED that this action be dismissed for 5 | without prejudice. See Local Rule 110; Local Rule 183(b); Fed. R. Civ. P. 41(b). 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 || after being served with these findings and recommendations, any party may file written 9 | objections with the court. The document should be captioned “Objections to Magistrate Judge’s 10 | Findings and Recommendations.” Any response to the objections shall be filed and served within 11 | fourteen days after service of the objections. The parties are advised that failure to file objections 12 | within the specified time may waive the right to appeal the District Court’s order. Martinez v. 13 | Yist, 951 F.2d 1153 (9th Cir. 1991). 14 | Dated: April 12, 2023 15 16 171 pip ORAH BARNES lewil307.133a UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28