Gordon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN MOISES NIETO, Case No. 1:20-cv-00291-DAD-JLT (PC)

Plaintiff, ORDER VACATING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. MOTION TO APPOINT COUNSEL

WARDEN GORDON, et al., (Docs. 26, 27)

Defendants.

16 On February 3, 2021, the Court issued an Order Adopting Findings and Recommendations and Dismissing Non-cognizable Claims. (Doc. 17.) The order was served on Plaintiff by U.S. Mail. However, on February 22, 2021, the U.S. Postal Service returned the mail as “Undeliverable, Return to Sender, Refused, Unable to Forward.” Under the Local Rules, if mail directed to a pro se plaintiff at his address of record is returned by the U.S. Postal Service and the plaintiff fails to update his address within sixty-three days, the Court may dismiss his action for failure to prosecute. L.R. 183(b). After sixty-three days passed without notice of a change of address from Plaintiff, the Court issued findings and…