(PC) Pierre Patella v. Unknown ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN ERNEST PIERRE No. 1:24-cv-00228 GSA (PC) PATELLA, 12 ORDER AND FINDINGS AND Plaintiff, RECOMMENDATIONS 13 v. ORDER RECOMMENDING MATTER BE 14 DISMISSED FOR FAILURE TO FILE UNKNOWN, NOTICE OF CURRENT ADDRESS WITH 15 COURT Defendant. 16 PLAINTIFF’S OBJECTIONS DUE IN FOURTEEN DAYS 17 18 Plaintiff, who appears to be a former county jail inmate proceeding pro se, has filed this 19 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 1, 2024, an order issued by the Court and served on Plaintiff was returned to the 22 Court marked “Undeliverable, Not in Custody.” Since then, more than sixty-three days have 23 passed and Plaintiff has not filed a notice of change of address with the Court. See Local Rule 24 183(b). 25 Although Plaintiff’s copy of the order was returned, he was properly served. It is a 26 plaintiff’s responsibility to keep the Court apprised of his current address at all times. See Local 27 Rule 183(b). Moreover, pursuant to Local Rule 182(f), service of documents at the record 28 1 address of the party is fully effective. 2 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 3 District Judge to this matter. 4 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice for 5 failure to file a notice of current address with the Court. 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)(l). Within fourteen days 8 after being served with these findings and recommendations, Plaintiff may file written objections 9 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings 10 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 11 time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 12 Cir. 1991). 13 IT IS SO ORDERED. 14 15 Dated: September 28, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28