Jackson v. Kutnerian et al

Filing 4

ORDER Dismissing Action and Closing Case, signed by District Judge Lawrence J. O'Neill on 7/23/13. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY J. JACKSON,

Case No. 1:13-cv-00398-LJO-SKO
ORDER DISMISSING ACTION AND
CLOSING CASE

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Plaintiff,
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v.

(Doc. 1)

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OVANES KUTNERIAN, et al.,

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Defendants.
_____________________________________/

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I.

INTRODUCTION

On March 18, 2013, Plaintiff filed a complaint which was dismissed without prejudice and

20 with leave to amend on April 8, 2013. (Doc. 3.) The Court's April 8, 2013, order was served on
21 Plaintiff via First Class U.S. Mail. On April 29, 2013, the order was returned to the Court by the
22 U.S. Postal Service as undeliverable and unable to forward. For the reasons set forth below, this
23 action is DISMISSED without prejudice and the case shall be administratively closed.
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II.

DISCUSSION

On April 8, 2013, the Court issued an order dismissing Plaintiff's complaint, which was

26 served via First Class U.S. Mail to the address of record Plaintiff provided. On April 29, 2013, the
27 order served through the U.S. Mail was returned as undeliverable and unable to forward.
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This Court's 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 directed 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 (63) days thereafter
of a current address, the Court may dismiss the action without prejudice for failure
to prosecute.

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Plaintiff has not provided the Court with a current address pursuant to Local Rule 183(b),

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6 and more than sixty-three (63) days have passed since mail from the Court was first returned by
7 the U.S. Postal Service as undeliverable.
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The Court has no way to contact Plaintiff; the address set forth in the complaint is invalid,

9 and Plaintiff has not provided the Court with an updated address. As such, pursuant to Local Rule
10 183(b), "the Court may dismiss the action without prejudice for failure to prosecute."
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III.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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CONCLUSION AND ORDER

This action is DISMISSED without prejudice pursuant to Local Rule 183(b) due to
Plaintiff's failure to provide the Court with a current, valid address; and

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2.

The Clerk of Court is DIRECTED to administratively close this case.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

July 23, 2013

UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:

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