1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLE MARIE ADAMIK, No. 2:24-cv-1970 AC P 12 Petitioner,

ORDER AND FINDINGS AND

13 v. RECOMMENDATIONS 14 SAN JOAQUIN COUNTY SHERIFF DEPT., et al, 15 Respondents. 16

17 By order filed July 26, 2024, petitioner was ordered to file a completed in forma pauperis 18 application and a certified copy of her prison trust account statement and was cautioned that 19 failure to do so would result in a recommendation that this action be dismissed. ECF No. 8. 20 After petitioner failed to file a completed application or pay the fee, she was given an additional 21 twenty-one days to comply and warned that failure to comply would result in a recommendation 22 that this action be dismissed without further warning. ECF No. 12. The twenty-one-day period 23 has long expired, and petitioner has not filed an application to proceed in forma pauperis, paid the 24 filing fee, or otherwise responded to the court’s orders. 25 Moreover, although it appears from the file that petitioner’s copy of the last court order 26 directing petitioner to file a completed application or pay the fee was returned, petitioner was 27 properly served. It is the petitioner’s responsibility to keep the court apprised of her current 28 1 || address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 2 | the party is fully effective. E.D. Cal. 182(f). Additionally, petitioner had thirty (30) days notify 3 || the court of petitioner’s change of address or risk dismissal of the case without prejudice for 4 | failure to prosecute. E.D. Cal. L.R. 183(b). Far more than 30 days have passed, and petitioner 5 | has not updated her address with the court.! 6 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 7 || adistrict judge to this case; and 8 IT IS FURTHER RECOMMENDED that this action be dismissed without prejudice. 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 fourteen days 11 | after being served with these findings and recommendations, petitioner may file written 12 || objections with the court. Such a document should be captioned “Objections to Magistrate 13 || Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 14 || within the specified time may waive the right to appeal the District Court’s order. Martinez v. 15 Yist, 951 F.2d 1153 (9th Cir. 1991). 16 | DATED: June 9, 2025 ' “ 17 Atttarr—Chore

ALLISON CLAIRE

18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 | | Because petitioner may have been under the impression that the old rule, which provided sixty- three days rather than thirty applied, the court waited the full sixty-three days. Even applying the 28 | old rule, the petitioner has failed to comply.