Kapononuiahopili v. Copenhaver

Filing 8

ORDER to SHOW CAUSE why the Petition should not be Dismissed for Petitioner's Failure to Prosecute signed by Magistrate Judge Michael J. Seng on 10/09/2013. Show Cause Response due by 12/11/2013.(Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:13-cv-01508 MJS HC
HENRY KAPONONUIAHOPILI,

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v.

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ORDER TO SHOW CAUSE WHY THE
Petitioner, PETITION SHOULD NOT BE DISMISSED
FOR PETITIONER’S FAILURE TO
PROSECUTE

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PAUL COPENHAVER,
Respondent.

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241.

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On September 12, 2013, the Court served new case documents and an order

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regarding consent to Magistrate Judge jurisdiction on Petitioner. (ECF No. 3.) On

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October 2, 2013, the order served on Petitioner was returned by the U.S. Postal Service

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as undeliverable.

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Pursuant to Local Rule 183(b), a party appearing in propria persona is required to

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keep the Court apprised of his or her current address at all times. Local Rule 183(b)

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provides, in pertinent part:

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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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Without the ability to communicate with Petitioner, the Court is unable to maintain

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and faithfully adjudicate the present matter.

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ORDER

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Accordingly, Petitioner is ORDERED TO SHOW CAUSE why the petition should

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not be dismissed without prejudice for Petitioner’s failure to prosecute based on

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Petitioner’s failure to inform the Court of his current address. Petitioner is ORDERED to

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inform the Court and any opposing counsel of his current address within sixty-three (63)

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days after service of this order.

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Petitioner is forewarned that failure to follow this order will result in dismissal of
the petition without prejudice pursuant to Local Rules 110 and 183(b).

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IT IS SO ORDERED.

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Dated:

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October 9, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Michael J. Seng

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