(PC) Hasbrook v. Adreana

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE MATTHEW HASBROOK, No. 2:25-cv-1131 CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND 14 DR. AUDREE ADREANA, et al., RECOMMENDATIONS 15 Defendants. 16 17 By an order filed April 28, 2025, plaintiff was ordered to file an application to proceed in 18 forma pauperis and a certified copy of his inmate trust account statement, or pay the Court’s filing 19 fee, and was cautioned that failure to do so would result in a recommendation that this action be 20 dismissed. More than thirty days have passed, and plaintiff has not responded to the Court’s 21 order and has not filed the required documents or paid the Court’s filing fee.1 22 On May 12, 2025, the order was returned as undeliverable by the U.S. Postal Service. On 23 May 16, 2025, the order was re-served on plaintiff. On May 27, 2025, the order was returned by 24 the U.S. Postal Service. Although it appears from the file that plaintiff’s copy of the order was 25 returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court 26 1 On May 13, 2025, plaintiff’s complaint was filed on the docket. (ECF No. 17.) However, his 27 complaint was signed on April 25, 2025, before the Court issued the April 28, 2025 order, and was not accompanied by a complete application to proceed in forma pauperis or payment of the 28 Court’s filing fee. 1 || apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents 2 || at the record address of the party is fully effective. 3 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is 4 || directed to assign a district judge to this case; and 5 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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 10 || “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 | failure to file objections within the specified time may waive the right to appeal the District 12 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991). 13 14 | Dated: June 23, 2025 4 aA i Aan Spe | CHI SOO KIM 16 UNITED STATES MAGISTRATE JUDGE 17 || //hasb1131.fifp 18 19 20 21 22 23 24 25 26 27 28