(PC) Miller v. El Dorado County Jail

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD S. MILLER, No. 2:23-cv-00666-DAD-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 EL DORADO COUNTY JAIL, 15 Defendants. 16 17 Plaintiff, acting pro se, filed this civil rights action on April 10, 2023, when he was 18 incarcerated at the El Dorado County Jail. ECF No. 1. On January 11, 2024, the district judge 19 issued an order dismissing the action for failure to prosecute, and the case was closed. ECF No. 20 27. On January 29, 2024, the order of dismissal was mailed to plaintiff at his address on record, 21 but returned as undeliverable. 22 On May 31, 2024, plaintiff field a notice of change of address and a motion seeking relief 23 from the order of dismissal. ECF Nos. 29 & 30. Plaintiff states that he was unable to prosecute 24 this case without assistance, but he now has help litigating this action, including filing an 25 amended complaint. ECF No. 30. 26 Plaintiff has demonstrated inadvertence and excusable neglect justifying relief from the 27 final judgment under Federal Rule of Civil Procedure 60(b)(1). 28 1 For the foregoing reasons, IT IS HEREBY RECOMMENDED that: 2 1. Plaintiffs motion for relief (ECF No. 30) be granted and this case reopened; and 3 2. Plaintiff be directed to file an amended complaint no later than thirty (30) days from 4 the date of the order reopening the case. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 || objections shall be filed and served within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 | appeal the District Court’s order. Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 14 || Dated: August 23, 2024 Zot! Uel4iz (LAC □□□ 15 ONITED STATES MAGISTRATE IIE 16 17 18 19 20 21 22 23 24 25 26 27 28