Antquan Durpree Clay v. County of San Bernardino et al

Filing 23

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Douglas F. McCormick. (mt)

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Plaintiff on January 7, 2015 by TS

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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ANTQUAN DUPREE CLAY,
Plaintiff,

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v.
F. HARRIS et al.,
Defendants.

) No. ED CV 14-0844-GHK (DFM)
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) ORDER TO SHOW CAUSE RE:
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) DISMISSAL
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Central District Local Rule 41-6 requires Plaintiff to keep the Court

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apprised of his current address and warns that the Court may dismiss an action

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for want of prosecution if a party fails to notify the Court in writing of his

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current address. On August 26, 2014, shortly after the filing of the Second

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Amended Complaint, Plaintiff was expressly reminded of this requirement:

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“During the pendency of the action, Plaintiff must notify the Court

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immediately if his address changes and must provide the Court with the new

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address and its effective date.” Dkt. 9 at 2.

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The Court’s September 16, 2014 order denying appointment of counsel

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and its October 23, 2014 order authorizing discovery were both returned to the

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Court by the West Valley Detention Center as undelivered. See Dkt. 13, 22.

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The envelope for the latter document indicated that Plaintiff is no longer in

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custody. See Dkt. 22. The Court has checked the inmate locator features of the

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San Bernardino County Sheriff’s Department and California Department of

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Corrections websites; it does not appear that Plaintiff is in the custody of either

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incarcerating agency.

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IT IS THEREFORE ORDERED that Plaintiff show cause within

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twenty-one (21) days of the date of this order why his action should not be

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dismissed without prejudice for failure to comply with Local Rule 41-6 and/or

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for failure to prosecute. Notice to the Court of a current address shall be

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deemed a sufficient response to this order. If Petitioner does not timely comply

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with this Court’s order to show cause, the Court will recommend that the

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action be dismissed without prejudice for Petitioner’s failure to prosecute. The

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Clerk is directed to serve by U.S. Mail a copy of this order on Plaintiff’s

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address of record.

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Dated: January 7, 2015
______________________________
DOUGLAS F. McCORMICK
United States Magistrate Judge

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