Opinion
No. 2:16-cv-2558 AC P
12-15-2016
OBDULIO JIMINEZ, Plaintiff, v. MICHAEL MARTEL, et al., Defendants.
ORDER and FINDINGS AND RECOMMENDATIONS
This prisoner civil rights action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c).
On October 27, 2016, plaintiff filed a complaint and motion to proceed in forma pauperis. However, plaintiff had signed neither document. By order filed October 31, 2016, this court dismissed these matters and granted plaintiff leave to file, within thirty days, a new complaint and motion to proceed in forma pauperis, each bearing plaintiff's dated signature. See ECF No. 4. Plaintiff was informed that failure to timely comply with the court's order would result in a recommendation that this action be dismissed without prejudice. Id. at 2.
More than thirty days have passed and plaintiff has not filed the required documents or otherwise communicated with the court. Moreover, review of the Inmate Locator website operated by the California Department of Corrections and Rehabilitation indicates that plaintiff is no longer incarcerated under the authority of the CDCR. For these reasons, the undersigned will recommend dismissal of this action.
See http://inmatelocator.cdcr.ca.gov/search.aspx. See also Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate determination by sources whose accuracy cannot reasonably be questioned).
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this case.
Additionally, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.
These findings and recommendations are submitted to the United States District Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: December 15, 2016
Absent a timely notice of change of address, the Clerk of Court shall serve this order on plaintiff at his current address of record, the California Health Care Facility. Service of documents at a pro se party's address of record is deemed fully effective. Local Rule 182(f). --------
/s/_________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE