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Spade v. Cal. Dep't of Corr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 12, 2015
No. 2:15-cv-0199 KJN P (E.D. Cal. Mar. 12, 2015)

Opinion

No. 2:15-cv-0199 KJN P

03-12-2015

STEPHEN SPADE, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants.


ORDER AND FINDINGS AND RECOMMENDATIONS

By an order filed February 3, 2015, plaintiff was ordered to file an in forma pauperis affidavit and certified trust account statement within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed an in forma pauperis affidavit and certified trust account statement.

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 the Court is directed to assign a district judge to this case; and

IT IS RECOMMENDED that this action be dismissed without prejudice.

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 fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within fourteen days after service of the objections. The parties are 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: March 12, 2015

/s/_________

KENDALL J. NEWMAN

UNITED STATES MAGISTRATE JUDGE
/spad0199.fifp


Summaries of

Spade v. Cal. Dep't of Corr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 12, 2015
No. 2:15-cv-0199 KJN P (E.D. Cal. Mar. 12, 2015)
Case details for

Spade v. Cal. Dep't of Corr.

Case Details

Full title:STEPHEN SPADE, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 12, 2015

Citations

No. 2:15-cv-0199 KJN P (E.D. Cal. Mar. 12, 2015)