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Sykes v. Warden

United States District Court, Eastern District of California
Nov 8, 2022
1:22-cv-00864-CDB (PC) (E.D. Cal. Nov. 8, 2022)

Opinion

1:22-cv-00864-CDB (PC)

11-08-2022

DAVONTE DOMINIQUE SYKES, Plaintiff, v. WARDEN, Defendant.


FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE

(ECF No. 16)

FOURTEEN (14) DAY DEADLINE

Clerk of Court to assign a district judge.

Plaintiff Davonte Dominique Sykes is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. On July 19, 2022, the Court granted Plaintiff's application to proceed in forma pauperis (“IFP”). (ECF No. 14.) The Court served the IFP order on Plaintiff by U.S. Postal Service. On July 25, 2022, the U.S. Postal Service returned the order as “Undeliverable: Paroled.” Because more than sixty-three days have passed and Plaintiff has failed to notify the Court of his new address, the Court may dismiss this action for failure to prosecute. See Local Rule 183(b).

On October 7, 2022, the Court ordered Plaintiff to show cause why this action should not be dismissed and advised that Plaintiff's failure to respond to the order within 30 days (e.g., by November 7, 2022) would result in dismissal of the case for failure to prosecute. (ECF No. 15.) The Court further directed CDCR to attempt to serve the show-cause order at any forwarding address for Plaintiff. (Id.) Following transmittal, Plaintiffs copy of the show-cause order and a separate, administrative order each were returned as “Undeliverable, Paroled.”

Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED without prejudice for Plaintiff's failure to prosecute.

These Findings and Recommendations will be 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 (14) 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 the failure to file objections within the specified time may result in the waiver of the “right to challenge the magistrate's factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

The Clerk of Court is DIRECTED to appoint a district judge to this action.

IT IS SO ORDERED.


Summaries of

Sykes v. Warden

United States District Court, Eastern District of California
Nov 8, 2022
1:22-cv-00864-CDB (PC) (E.D. Cal. Nov. 8, 2022)
Case details for

Sykes v. Warden

Case Details

Full title:DAVONTE DOMINIQUE SYKES, Plaintiff, v. WARDEN, Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 8, 2022

Citations

1:22-cv-00864-CDB (PC) (E.D. Cal. Nov. 8, 2022)