Hackett v. City Of Fresno

Filing 5

ORDER DISMISSING CASE WITHOUT PREJUDICE for Failure to Prosecute signed by District Judge Lawrence J. O'Neill on 07/05/2011. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC LEE HACKETT,

CASE NO. 1:11-cv-00501-LJO-SMS

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Plaintiff,
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v.

ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE

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CITY OF FRESNO,
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Defendant.
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On February 17, 2011, Plaintiff Eric Lee Hackett filed a civil rights complaint alleging

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various constitutional and California state claims. After the Court denied Plaintiff’s petition to

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proceed in forma pauperis, Plaintiff failed to submit the applicable filing fee of $350.00 (28

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U.S.C. § 1914). On April 19, 2011, the Magistrate Judge ordered Plaintiff to pay the statutory

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fee on or before May 2, 2011. The Clerk of Court served the order on Plaintiff by mail. On

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April 27, 2011, the order was returned as undeliverable.

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Local Rule 183(b) provides:

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A party appearing in propria persona shall keep the Court and opposing parties
advised as to his or her current address. If mail delivered to a plaintiff in propria
persona by the Clerk is returned by the U.S. Postal Service, and if such plaintiff
fails to notify the Court and opposing parties within sixty-three days thereafter of
a current address, the Court may dismiss the action without prejudice for failure to
prosecute.

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More than 63 days having elapsed since the return of the notice mailed to Plaintiff and
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Plaintiff’s having failed to pay the applicable filing fee and to advise the Court of his current
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address, it is hereby ORDERED that this case be dismissed with prejudice for failure to
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prosecute.
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IT IS SO ORDERED.
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Dated:
b9ed48

July 5, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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