Jimenez v. Fresno Superior Court, Dept. 20, et al.

Filing 22

ORDER to SHOW CAUSE why action should not be dismissed signed by Magistrate Judge Stanley A. Boone on 6/9/2014. Show Cause Response due by 6/26/2014. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 16 ) Case No.: 1:13-cv-01204-SAB (PC) ) ) ORDER TO SHOW CAUSE WHY ACTION ) SHOULD NOT BE DISMISSED ) ) ) ) ) ) 17 Plaintiff Richard Jimenez (“Plaintiff”), a pretrial detainee proceeding pro se and in forma 11 RICHARD JIMENEZ, 12 13 14 15 Plaintiff, v. FRESNO COUNTY SUPERIOR COURT, et.al. Defendant. 18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 2, 2013. Pursuant to 28 19 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United States Magistrate Judge on 20 September 24, 2013. Local Rule 302. This action is proceeding against Defendant Mark Redfield for 21 excessive force. 22 On March 10, 2014, the Court issued an order directing the United States Marshal to serve the 23 complaint on Defendant Redfield. The Court’s order was returned as undeliverable to Plaintiff on 24 March 26, 2014. On May 9, 2014, the Court issued a subsequent discovery and scheduling order, 25 which was also returned as undeliverable to Plaintiff on May 19, 2014. 26 Plaintiff is required to keep the Court apprised of his current address at all times, and Local 27 Rule 183(b) provides, “If mail directed to a plaintiff in propria persona by the Clerk is returned by the 28 U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within sixty1 1 three (63) days thereafter of a current address, the Court may dismiss the action without prejudice for 2 failure to prosecute.” Federal Rule of Civil Procedure 41(b) also provides for dismissal of an action 3 for failure to prosecute. Courts may dismiss actions sua sponte under Rule 41(b) based on the 4 plaintiff’s failure to prosecute. Hells Canyon Preservation Council v. U. S. Forest Serv., 403 F.3d 5 683, 689 (9th Cir. 2005) (citation omitted). Plaintiff’s address change was due by May 28, 2014, but 6 he failed to file one and he has not otherwise been in contact with the Court. 7 Accordingly, 8 IT IS HEREBY ORDERED that Plaintiff is directed to show cause within fourteen (14) days 9 why the action should not be dismissed for failure to prosecute this action. 10 11 12 13 IT IS SO ORDERED. Dated: June 9, 2014 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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