Talancon v. Fresno Police Department et al

Filing 8

ORDER DISMISSING CASE Without Prejudice for Failure to Prosecute, signed by District Judge Lawrence J. O'Neill on 3/5/14. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER TALANCON,
Plaintiff,

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ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR
FAILURE TO PROSECUTE

v.

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Case No. 1:13-CV-01735-LJO-SMS

FRESNO POLICE DEPARTMENT,
OFFICER W. DENNIS (#1507), and
OFFICER T. MURAY (#1518),
Defendants.

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On November 25, 2013, Plaintiff Roger Talancon, proceeding pro se and in forma pauperis

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filed a first amended complaint in this action under 42 U.S.C. § 1983 alleging excessive force in

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executing an arrest. On December 12, 2013, the Magistrate Judge dismissed Plaintiff's amended

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complaint with leave to amend. The Clerk of Court served Plaintiff with the court order by mail.

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On December 30, 2013, the mailed order was returned to the Clerk as undeliverable.

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Local Rule 183 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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More than sixty-three (63) days having elapsed since the return of the notice mailed to

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Plaintiff and Plaintiff's having failed to advise the Court of his current address, it is hereby

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ORDERED that this case be dismissed without prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill

March 5, 2014

UNITED STATES DISTRICT JUDGE

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