Opinion
22-cv-01985-SK
07-14-2022
JAN ALEC WEITH, Plaintiff, v. GAVIN NEWSOM, et al., Defendants.
ORDER OF REASSIGNMENT WITH REPORT AND RECOMMENDATION
SALLIE KIM United States Magistrate Judge
Defendants in the above captioned matter have not yet appeared and, thus, have not consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636. Additionally, Plaintiff has not yet consented to the jurisdiction of a magistrate judge. Therefore, the Court does not have authority to make a dispositive ruling in this case and ORDERS that this case be REASSINGED to a District Judge with the following Report and Recommendation.
On April 28, 2022, mail sent to Plaintiff was returned as undeliverable. Pursuant to Northern District Local Rule 3-11, a party proceeding pro se must promptly file a notice of change of address while an action is pending. See L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint when: (1) mail sent to the pro se party by the Court has been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written communication from the pro se party indicating a current address. See L.R. 3-11(b). More than sixty days has passed since the mail sent to Plaintiff was returned as undeliverable and Plaintiff failed to provide the Court with a current address.
Accordingly, the Court RECOMMENDS that this action be dismissed without prejudice pursuant to Civil Local Rule 3-11(b) and due to Plaintiff's failure to diligently prosecute this matter. See Fed.R.Civ.P. 41(b). If Plaintiff wishes to file an objection to these recommendations, he may do so within fourteen days of being served with a copy of this Report. See 28 U.S.C § 636(b).
IT IS SO ORDERED.