Lipps v. Fresno County Jail

Filing 8

ORDER WITHDRAWING 6 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Michael J. Seng on 9/12/2011. Within 30 days of the date of this Order, Plaintiff shall notify the Court in writing of his address to which mail may be sent. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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13 ERNIE ALLEN LIPPS,

1:11-cv-0552-AWI-MJS (PC)

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Plaintiff,

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ORDER WITHDRAWING FINDINGS
AND RECOMMENDATION OF
DISMISSAL

v.

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(ECF No. 6)

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FRESNO COUNTY JAIL,
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Defendant.

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/

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Plaintiff Ernie Allen Lipps (“Plaintiff”) is a state prisoner proceeding pro se in this
civil rights action pursuant to 42 U.S.C. § 1983.

The matter was referred to the

undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.
On August 10, 2011, the Magistrate Judge filed a Findings and Recommendation,
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recommending that Plaintiff’s Complaint be Dismissed due to Plaintiff’s failure to keep the

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Court apprised of his current address. (ECF No. 6.) However, after the Findings and

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Recommendation was filed, Plaintiff filed a Notice stating that he had not provided an

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address because he was homeless (although in a County jail at the time). (ECF No. 7.)

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Inasmuch as Plaintiff did respond to the Findings and Recommendation in a way

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that reflected a desire and intent to proceed with the action, the Court will give him one

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more opportunity to, within thirty (30) days of the date of this Order, provide the Court

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with an address (e.g., a friend’s, a relative’s, a post office) where mail from the Court may

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be sent. Plaintiff must realize that Local Rule 183(b) requires that he keep the Court

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apprised of his current address at all times and that, as a practical matter, the Court

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simply can not process this case without an effective service address for him. Thus, if

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Plaintiff fails to comply with this Order, regardless of the reasons, his case will be

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dismissed. He will not be given a further opportunity to comply.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendation, filed August 10, 2011, are hereby
withdrawn; and

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2.

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Within 30 days of the date of this Order, Plaintiff shall notify the Court in
writing of his address to which mail may be sent.

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IT IS SO ORDERED.

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Dated:

ci4d6

Septem ber 12, 2011

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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