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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?