James Oneal Belvins, Jr. v. Placer County District Attorney Office, et al.

No. 2:24-cv-02077-DJC-EFB (PC) (E.D. Cal. May 19, 2025) · United States District Court for the Eastern District of California · May 19, 2025 · No. No. 2:24-cv-02077-DJC-EFB (PC)

Summary

The magistrate judge recommends dismissing James Oneal Belvins Jr.'s 42 U.S.C. § 1983 action without prejudice for failure to state a claim. The recommendation follows plaintiff's failure to file an amended complaint after the court dismissed the original complaint and granted leave to amend.

Holdings

  1. Service of court documents at the address of record is fully effective under Local Rule 182(f), and the plaintiff is responsible for keeping the court apprised of a current address.

Questions Presented

  1. Whether the action should be dismissed without prejudice after plaintiff failed to file an amended complaint curing the deficiencies identified in the screening order.
  2. Whether service of the screening order was effective when plaintiff's copy appeared to have been returned but the order was served at his address of record.

Disposition

other

Cases Cited (1)

  • Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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