(PC) Browning v. Burkhart ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELRADER BROWNING, III, No. 2:21-cv-0978 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 M. BURKHART, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 26, 2023, plaintiff’s second amended complaint was screened. ECF No. 29. At 21 that time, plaintiff was directed to complete the notice on how to proceed form and file it with the 22 court within fourteen days. Id. at 8-9. On July 17, 2023, the court’s order was returned as 23 “Undeliverable, Return to Sender; Unable to Forward.” 24 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 25 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current 26 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 27 the party is fully effective. 28 //// ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 2 || District Judge to this matter. 3 IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice 4 | for failure to obey a court order. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen after 7 || being served with these findings and recommendations, plaintiff may file written objections with 8 | the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 9 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 || waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 11 | 1991). 12 | DATED: September 27, 2023 . 13 Attten— Lhor—e_ 14 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28