Daniel C Kleinow v. City of Fontana et al

Filing 14

ORDER TO SHOW CAUSE by Magistrate Judge Fernando M. Olguin. IT IS ORDERED THAT: Plaintiff shall file with the court a Notice of Change of Address no later than July 29, 2011. (See document for further details). (mr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DANIEL C. KLEINOW,

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Plaintiff,
v.
CITY OF FONTANA, et al.,
Defendants.

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NO. ED CV 11-0874 PA (FMO)

ORDER TO SHOW CAUSE

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On June 9, 2011, plaintiff, proceeding pro se, filed a Civil Rights Complaint (“Complaint”)

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pursuant to 42 U.S.C. § 1983. On July 14, 2011, the Court’s Order of June 23, 2011, was

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returned to the court undelivered and marked “Return to Sender” and “Out of Custody.” On the

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same day, the Court’s Order of July 5, 2011, was also returned to the court undelivered and

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marked “Return to Sender” and “Out of Custody.”

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Pursuant to Local Rule 41-6, plaintiff has an obligation to keep the court advised of a

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current address throughout the duration of his lawsuit. Plaintiff is advised that his failure to comply

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with his continuing obligation to keep the court apprised of a current mailing address and/or his

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failure to comply with a court order because he did not receive the order, could result in his case

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being dismissed for failure to obey the orders of this court and/or for want of prosecution. See

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Local Rule 41-6 (“If mail directed by the Clerk to a pro se plaintiff’s address of record is returned

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undelivered by the Postal Service, and if, within fifteen (15) days of the service date, such plaintiff

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fails to notify, in writing, the Court and opposing parties of said plaintiff’s current address, the Court

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may dismiss the action with or without prejudice for want of prosecution.”) (italics in original); (see

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also Court’s Order Re: Civil Rights Case, filed on June 15, 2011, at § II.2.) (“During the pendency

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of the action, plaintiff must notify the court immediately if his or her address changes and must

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provide the court with the new address and its effective date. Any failure by plaintiff to comply

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with a court order where plaintiff did not receive the order due to failure to inform the court

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of plaintiff’s current address may result in the action being dismissed for failure to

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prosecute.”) (bold in original).

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Based on the foregoing, IT IS ORDERED THAT:

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Plaintiff shall file with the court a Notice of Change of Address no later than July 29,

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Plaintiff’s failure to timely comply with this Order, or with his continuing

2011.

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obligation to keep the court apprised of a current mailing address, may result in this case

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being dismissed for failure to obey the orders of this court and/or for want of prosecution.

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Dated this 15th day of July, 2011.

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/s/
Fernando M. Olguin
United States Magistrate Judge

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