Anthony Michael McMahon v. J. Gamez et al

Filing 36

MINUTE ORDER TO SHOW CAUSE RE: FAILURE TO UPDATE MAILING ADDRESS by Magistrate Judge Michael R. Wilner. Response to Order to Show Cause due by 2/28/2017. (mz)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-1971 JGB (MRW)

Title

McMahon v. Gamez

Present: The Honorable

Date

February 3, 2017

Michael R. Wilner

Veronica Piper

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff / Petitioner:

Attorneys Present for Defendant / Respondent:

None present

None present

Proceedings:

ORDER TO SHOW CAUSE RE: FAILURE TO UPDATE MAILING
ADDRESS

Plaintiff is a pro se litigant in this federal action. When the Court recently issued a
scheduling order to Plaintiff’s current address of record, the post office returned the item as
undeliverable. (Docket # 35.) Plaintiff’s prison reported (on the face of the envelope) that he’s
been discharged from custody.
That presents a major problem. A litigant in federal court is obliged to inform the Court
and the defense of any change in address. If Plaintiff fails to keep the Court informed of a
correct mailing address, this case may be dismissed under Local Rule 41-6, which states as
follows:
If mail directed by the Clerk to a pro se plaintiff’s address of
record is returned undelivered by the Postal Service, and if,
within fifteen days of the service date, such plaintiff fails to
notify, in writing, the Court and opposing parties of his current
address, the Court may dismiss the action with or without
prejudice for want of prosecution.
Based on the recent return of mail, the Court suspects that Plaintiff failed to properly
update his address with the Court. Therefore, by February 28, 2017, Plaintiff will file a sworn
notice with the Court indicating his current, accurate mailing address. Failure to do so may lead
the Court to conclude pursuant to Federal Rule of Civil Procedure 41 that Plaintiff has no
interest in prosecuting this action further or is willing to abide by court orders, and that dismissal
is appropriate under the Local Rule.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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