Sai Ranga v. Chertoff et al (INMATE 3)

Filing 12

ORDER TO SHOW CAUSE that on or before 10/15/08, Plaintiff shall show cause why his complaint should not be dismissed for his failures to prosecute this action and comply with the order of the undersigned that he keep the court apprised of his current address; Show Cause Response due by 10/15/2008. Signed by Honorable Wallace Capel, Jr on 10/7/08. (vma, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION

P R A S H A N T H C. SAI RANGA, Plaintiff, v. M IC H A E L CHERTOFF, et al., Defendants.

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C iv il Action No. 2:08cv694-TMH (WO)

ORDER P la in t if f filed this Bivens action 1 on August 22, 2008. At the time he filed this c o m p lain t, Plaintiff was an immigration civil detainee at the Federal Detention Center in O a k d a l e , Louisiana. On September 2, 2008 (Doc. No. 7), this court entered an order in s tru c tin g Plaintiff to provide the clerk's office with the correct address of one of the named d e f e n d a n ts on or before September 17, 2008, or the defendant would be dismissed as a party to this suit. On September 11, 2008, the mail containing Plaintiff's copy of the September 2 order was returned to the court marked "returned to sender ­ refused ­ unable to forward." I t has since come to the court's attention that Plaintiff is no longer at the most recent address h e provided to the court. A ll parties have an affirmative duty to inform this court of any change of address

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Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

d u rin g the pendency of their actions. Plaintiff received notice of this requirement in the co u rt's August 26, 2008, order of procedure. (See Doc. No.3 at p. 5, ¶5(h)). U p o n review of the pleadings filed in the instant matter, it is clear that the court file d o e s not contain an alternate address for Plaintiff and that he has not provided this court with a current address. Accordingly, the court concludes that Plaintiff shall be granted an o p p o rtu n ity to show cause why his complaint should not be dismissed for his failures to c o m p ly with the orders of the court and to prosecute this action. A c c o r d in g ly, it is ORDERED that on or before October 15, 2008, Plaintiff shall SHOW CAUSE why h i s complaint should not be dismissed for his failures to prosecute this action and comply w ith the order of the undersigned that he keep the court apprised of his current address. P la in tif f is cautioned that his failure to comply with this order will result in a R e c o m m e n d a tio n that his complaint be dismissed without prejudice. D o n e this 7 th day of October, 2008.

/s/Wallace Capel, Jr. WALLACE CAPEL, JR. U N IT E D STATES MAGISTRATE JUDGE

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