(PC) Dickerson v. Rueter
(PC) Dickerson v. Rueter
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY DICKERSON, No. 2:24-cv-00919 SCR P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 KEVIN RUETER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42
18 U.S.C. § 1983. On April 17, 2025, the undersigned screened plaintiff’s complaint and determined 19 it failed to state claims upon which relief may be granted. (ECF No. 13.) Plaintiff was given the 20 option of filing an amended complaint. (Id. at 5.) He was further advised that his failure to file an 21 amended complaint would result in a recommendation that this action be dismissed pursuant to 22 Rule 41(b) of the Federal Rules of Civil Procedure. (Id.) 23 On April 29, 2025, the screening order was returned by the U.S. Postal Service. (See 24 Docket.) Under Local Rule 182(f), a pro se party is under a continuing duty to notify the Clerk of 25 the Court of any change of address. Absent such notice, service of documents at the prior address 26 of the pro se party shall be fully effective. (Id.) If a pro se plaintiff fails to notify the court of a 27 current address within thirty (30) days after mail directed to that plaintiff is returned, the court 28 may dismiss the action without prejudice for failure to prosecute. Local Rule 183(b). ] The time for plaintiff to notify the court as to how he wishes to proceed has now passed, 2 | and plaintiff has not made an election or otherwise responded to the order. Nor has plaintiff 3 || provided an updated address as required by Local Rule 183(b). 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 5 || assign a United States District Judge to this action. 6 IT IS FURTHER RECOMMENDED that plaintiffs complaint be dismissed for failure to 7 || state a claim upon which relief can be granted, 28 U.S.C. § 1915A(b)(1), and failure to prosecute, 8 | Local Rule 183(b). 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of
28 U.S.C. § 636(b)(1). Within twenty-one days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 | with the court. Such a document should be captioned “Objections to Magistrate Judges Findings 13 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 14 || time may waive the right to appeal the District Court’s order. Martinez v. YIst,
951 F.2d 115315 | (9th Cir. 1991). 16 || DATED: July 11, 2025 " md 18 SEAN C. RIORDAN 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28
Reference
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