Danielle Marie Weitztzel v. Officer B. Johnson, et al.

Summary

The court recommends dismissing the action without prejudice after the plaintiff failed to file an amended complaint or otherwise respond to the court’s prior dismissal order. The order also directs the clerk to assign a district judge and advises the plaintiff of the fourteen-day period for filing objections.

Holdings

1. Service of court documents at the party's address of record is fully effective under Eastern District of California Local Rule 182(f), and the party is responsible for keeping the court informed of a current address.
2. When a plaintiff fails to file an amended complaint or otherwise respond after being given leave and a deadline to amend, dismissal without prejudice is appropriate under Federal Rule of Civil Procedure 41(b) and Local Rule 110.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because plaintiff failed to file an amended complaint or otherwise respond to the court's prior order.

Disposition

dismissed