Denton v. Pulido et al

Filing 34

ORDER DIRECTING Plaintiff to File Notice of Change of Address or SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Prosecute 33 , signed by Magistrate Judge Barbara A. McAuliffe on 9/30/14: Thirty-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN D. DENTON,

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Plaintiff,

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v.

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PULIDO, et al.,

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Defendants.

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Case No.: 1:13-cv-00017-AWI-BAM PC
ORDER DIRECTING PLAINTIFF TO FILE
NOTICE OF CHANGE OF ADDRESS OR SHOW
CAUSE WHY THIS ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO PROSECUTE
(ECF No. 33)
THIRTY-DAY DEADLINE

Plaintiff Bryan D. Denton (“Plaintiff”) is a former county jail inmate proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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January 4, 2013. Defendant Pulido filed an answer on April 25, 2014, and discovery opened in this

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matter on April 29, 2014.

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On September 26, 2014, the Court received notice that Plaintiff is no longer in custody at the

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Sacramento County Main Jail. (ECF No. 33.) Plaintiff has not provided the Court with his current

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address.

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Pursuant to Local Rules 182 and 183, a pro se party is under a continuing duty to notify the

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Clerk, the Court and all other parties of any change of address or telephone number. Local Rule

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182(f), 183(b). Additionally, Local Rule 110 provides that “[f]ailure . . . of a party to comply with

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these [Local] Rules or with any order of the Court may be grounds for imposition by the Court of any
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and all sanctions . . . within the inherent power of the Court.” Further, the failure of Plaintiff to

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prosecute this action is grounds for dismissal. In re Phenylpropanolamine (PPA) Products Liability

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Litigation, 460 F.3d 1217 (9th Cir. 2006).

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Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of service of
this order, Plaintiff shall either:

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(1)

file a notice informing the Court and defendant of his current address; or

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(2)

show cause in writing why this action should not be dismissed for failure to
prosecute.

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The failure to respond to this order will result in dismissal of this action without

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prejudice.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

September 30, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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