(PC) Pope v. Kiss
(PC) Pope v. Kiss
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RANDALL POPE, No. 2:24-cv-0325 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 L. KISS, 15 Defendants. 16 17 By order filed February 4, 2025, the complaint was screened and found to not state a 18 claim for relief. ECF No. 8. Plaintiff was given thirty days to file an amended complaint and 19 cautioned that failure to do so would result in a recommendation that this action be dismissed. Id. 20 at 5. Thirty days have now passed, and plaintiff has not filed an amended complaint or otherwise 21 responded to the court’s order. The file further reflects that the screening order, which was 22 served on plaintiff’s address of record, was returned by the postal service. Pursuant to Local Rule 23 182(f), service of documents at the record address of the party is fully effective. It appears that 24 plaintiff has failed to comply with Local Rule 183(b), which requires that a party appearing in 25 propria persona inform the court of any address change. More than thirty days have passed since 26 the court order was returned by the postal service and plaintiff has failed to notify the court of a 27 current address. 28 //// ] Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 2 || assign a United States District Judge to this action 3 IT IS FURTHER RECOMMENDED that the complaint be dismissed for failure to state a 4 | claim for the reasons set forth in the February 4, 2025 Screening Order (ECF No. 8) and for 5 || failure to prosecute. See L.R. 110; Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A; L.R. 183(b). 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of
28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, plaintiff may file written objections 9 || with the court and serve a copy on all parties. Such a document should be captioned “Objections 10 || to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 || objections within the specified time may waive the right to appeal the District Court’s order. 12 | Martinez v. Yist,
951 F.2d 1153(9th Cir. 1991). 13 | DATED: March 21, 2025 14 ~ 15 ththienr—Chnp—e_ ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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