Walter David Gray v. M Taber et al

Filing 79

ORDER TO SHOW CAUSE by Magistrate Judge Victor B. Kenton Response to Order to Show Cause due by 6/20/2012. Plaintiff is advised that if he fails to apprise the Court of his current address, the Court will issue a Report and Recommendation of U.S. Magistrate Judge recommending the action be dismissed with prejudice. (rh)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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WALTER DAVID GRAY,

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Plaintiff,
v.
M. TABER, et al.,
Defendants.

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No. CV 11-00190-VAP (VBK)
ORDER TO SHOW CAUSE RE
DISMISSAL

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On January 18, 2011, Walter David Gray (hereinafter referred

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to as “Plaintiff”) filed a civil rights complaint pursuant to 42

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U.S.C. §1983 against Defendants M. Taber, S. Lopez, Joseph Branch

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and Andrick Elmore.

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On May 17, 2012, a Report and Recommendation of United

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States Magistrate Judge was issued granting Defendants’ Motion to

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Dismiss on the grounds that Plaintiff had not fully exhausted his

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administrative remedies; Plaintiff’s claims of constitutional

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violations based on his arrest and incarceration were barred by

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the favorable termination rule; Plaintiff’s supervisory claim was

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vague and conclusory; and Plaintiff failed to state an excessive

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force claim. (Docket No. 76.)
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The Court docket lists Plaintiff’s address as CIM RCE Palm

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Hall West - ADA Cell 121, P. O. Box 441, Chino, California 91708.

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On May 25, 2012, the Court was informed that Plaintiff is no

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longer in custody. (See, “Return to Sender - Inmate Paroled,”

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Docket Nos. 77 and 78.)

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Central District Local Rule 41-6 provides:

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“DISMISSAL - FAILURE OF PRO SE PLAINTIFF TO KEEP COURT

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APPRISED OF CURRENT ADDRESS - A party appearing pro se

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shall keep the Court apprised of such party’s current

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address

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address, if any.

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pro

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undelivered by the Post Office, and if within fifteen

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(15) days of the service date, such Plaintiff fails to

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notify, in writing, the Court and opposing parties of

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said Plaintiff’s current address, the Court may dismiss

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the

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prosecution.”

se

and

telephone

with

if

any,

and

e-mail

If mail directed by the Clerk to a

Plaintiff’s

action

number,

or

address

without

of

record

prejudice

is

for

returned

want

of

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Within 15 days of the date of this Order, Plaintiff will

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notify the Court of his current address, and, if applicable,

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telephone number.

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apprise the Court of his current address, the Court will issue a

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Report and Recommendation of United States Magistrate Judge

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recommending the action be dismissed with prejudice.

Plaintiff is advised that if he fails to

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DATED: June 4, 2012

/s/
VICTOR B. KENTON
UNITED STATES MAGISTRATE JUDGE
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