(PC) Leonard v. Demery ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK E. LEONARD, No. 2:20-CV-1167-WBS-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 L. DEMERY, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. On August 15, 2023, mail directed to Plaintiff was returned by the United 19 States Postal Service as undeliverable. Pursuant to Eastern District of California Local Rule 20 183(b), any party appearing pro se must file and serve a notice of change of address within 63 21 days of mail being returned. To date, more than 63 days have elapsed since mail was returned 22 and Plaintiff has not notified the Court of a change of address. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / ] Based on the foregoing, the undersigned recommends that this action be dismissed, 2 || without prejudice, for lack of prosecution and failure to comply with court rules and orders. See 3 || Local Rule 110. 4 These findings and recommendations are submitted to the United States District 5 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days 6 || after being served with these findings and recommendations, any party may file written 7 || objections with the court. Responses to objections shall be filed within 14 days after service of 8 | objections. Failure to file objections within the specified time may waive the right to appeal. See 9 || Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 10 11 || Dated: November 1, 2023 Ss..c0_, DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28