(PC) Jones v. Pina ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRY JONES, No. 1:23-cv-01271 GSA (PC) 12 Plaintiff, ORDER AND FINDINGS AND RECOMMENDATIONS 13 v. ORDER RECOMMENDING MATTER BE 14 PINA, et al., DISMISSED FOR FAILURE TO FILE NOTICE OF CURRENT ADDRESS WITH 15 Defendants. COURT 16 PLAINTIFF’S OBJECTIONS DUE IN FOURTEEN DAYS 17 18 Plaintiff, who appears to be a former state prisoner1 proceeding pro se and in forma 19 pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On June 17, 2024, an order issued by the Court and served on Plaintiff was returned to the 23 Court marked “Undeliverable, Insufficient Address.” Since then, more than sixty-three days 24 have passed and Plaintiff has not filed a notice of change of address with the Court. See Local 25 Rule 183(b). 26 27 1 The Court takes judicial notice of the fact that on November 29, 2023, Plaintiff’s notice of change of address was docketed. ECF No. 11. The address on the document appears to be a 28 residential address. See id. 1 Although Plaintiff’s copy of the order was returned, he was properly served. It is a 2 plaintiff’s responsibility to keep the Court apprised of his current address at all times. See Local 3 Rule 183(b). Moreover, pursuant to Local Rule 182(f), service of documents at the record 4 address of the party is fully effective. 5 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 6 District Judge to this matter. 7 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice for 8 failure to file a notice of current address with the Court. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 11 after being served with these findings and recommendations, Plaintiff may file written objections 12 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings 13 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 14 time waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 15 Cir. 1991). 16 17 IT IS SO ORDERED. 18 19 Dated: September 28, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28