(PC) Stith v. Darlene ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEODORE ERVIN STITH, No. 2:21-cv-1478-WBS-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DARLENE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On April 19, 2022, defendants Darlene and Simmons filed a motion for summary 19 judgment. ECF No. 21. On May 25, 2022, the court warned plaintiff that failure to respond to 20 the motion could result in a recommendation that this action be dismissed. ECF No. 24. The 21 time for responding to the motion has passed, and plaintiff failed to file an opposition or 22 otherwise respond to the motion.1 Plaintiff has disobeyed this court’s orders and failed to 23 prosecute this action. The appropriate action is dismissal without prejudice. 24 ///// 25 ///// 26 1 Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff 27 was properly served. It is the plaintiff’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 28 the party is fully effective. ] Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. See 2 || Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 | within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 10 | DATED: July 5, 2022. > 12 EDMUND F. BRENNAN 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28