Hayden v. Searman

Filing 21

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 4/26/16: 30-Day Deadline. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-00514 MJS HC
EUGENE HAYDEN, SR.,

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

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v.

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M.E. SEARMAN, Warden,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Both parties have consented to Magistrate Judge

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jurisdiction under 28 U.S.C § 636(c)(1). (ECF No. 18-19.)

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On February 26, 2016, the Court served an order of case reassignment on

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Petitioner. (ECF No. 20.) On March 9, 2016, the order served on Petitioner was returned

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by the U.S. Postal Service 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 thirty (30) days

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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.
Dated:

April 26, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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