Opinion
No. 2:18-cv-2032 DB P
07-22-2020
TYRONE C. ELEBY, Plaintiff, v. J. BEARD, et al., Defendants.
ORDER AND FINDINGS AND RECOMMENDATIONS
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
By order issued April 14, 2020, plaintiff's complaint was dismissed, and thirty days leave to file an amended complaint was granted. ECF No. 7. Thereafter, on May 8, 2020, the order sent to plaintiff was returned to the court as undeliverable. The record indicates that to date, plaintiff has not filed a change of address with the court as required by the Local Rules. See L.R. 182(f).
The thirty-day period for plaintiff to file an amended complaint has now expired. Plaintiff, however, has not filed one or otherwise responded to the court's order.
Although it appears from the file that plaintiff's copy of the order was returned, plaintiff 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 the party is fully effective.
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Court Judge to this action.
IT IS FURTHER RECOMMENDED that this action be DISMISSED without prejudice for failure to state a claim and for failure to prosecute. See 28 U.S.C. § 1915A(b)(1); Fed. R. Civ. P. 41(b); L.R. 110.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time waives the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: July 22, 2020
/s/_________
DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVILRIGHTS/eleb2032.fta.nca