1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY ALTAMIRANO SERMENO, No. 2:14-cv-2729 JAM DB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 M.E. SPEARMAN, 15 Respondent. 16 17 On July 24, 2019, a court order was served at petitioner’s address of record. (ECF No. 18 107). The order directed respondent to file a response to petitioner’s petition within sixty days. 19 (See id. at 3). It also directed petitioner to file either a reply or an opposition within thirty days of 20 respondent filing a response. (See id. at 3-4). On August 2, 2019, the court’s order served on 21 petitioner was returned to the court as undeliverable. A subsequent notice of case reassignment 22 served on petitioner on August 28, 2019 (see ECF No. 111), was also returned to the court as 23 undeliverable on September 16, 2019. Since these orders were returned, petitioner has not filed a 24 notice of change of address with the court. 25 On September 23, 2019, respondent filed an answer to the petition and lodged the state 26 record. (ECF Nos. 113, 114). To date, petitioner has not filed a reply to respondent’s answer. 27 It appears that petitioner has failed to comply with Local Rule 182(f), which requires that 28 a party appearing in propria persona inform the court of any address change. More than sixty- 1 | three days have passed since the July 24, 2019, court order was returned to the court by the postal 2 || service, and petitioner has failed to notify the court of a current address. Petitioner’s thirty-day 3 | time period within which to file a reply to respondent’s answer has also expired. 4 Accordingly, IT IS HEREBY RECOMMENDED that this action be DISMISSED without 5 | prejudice for failure to prosecute and for failure to keep the court apprised of a current address. 6 | See Fed. R. Civ. P. 41(b); see also L.R. 110, 183(b). 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of

(b)(). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 || objections with the court. The document should be captioned “Objections to Magistrate Judge’s 11 | Findings and Recommendations.” Any response to the objections shall be filed and served within 12 | fourteen days after service of the objections. The parties are advised that failure to file objections 13 || within the specified time may waive the right to appeal the District Court’s order. Martinez v. 14 | Yist,

(9th Cir. 1991). 15 || Dated: November 6, 2019 16 17 18 ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 | DLB/ORDERS/ORDERS.PRISONER.HABEAS/serm2729.133a.ftp 20 21 22 23 24 25 26 27 28