James Payne v. Audrey King

Filing 32

ORDER To SHOW CAUSE Why This Case Should Not Be Dismissed For Failure To Prosecute, Response Due In Fifteen Days, signed by Magistrate Judge Sheila K. Oberto on 3/28/2016. Show Cause Response due by 4/14/2016. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES PAYNE,

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Petitioner,

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v.

ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

AUDREY KING, Executive Director of
Coalinga State Hospital,
RESPONSE DUE IN FIFTEEN DAYS
Respondent.

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Case No. 1:14-cv-00538-LJO-SKO HC

On March 7, 2014, Petitioner filed a petition for writ of habeas corpus. On January 11, 2016,
the Court entered an order reassigning the magistrate judge assigned to this case. The Clerk of Court

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served Petitioner with a copy of the court order by mail. On January 20, 2016, the copy mailed to
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Petitioner was returned to the Clerk marked "undeliverable, return to sender."

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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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Although more than sixty-three (63) days have elapsed since the return of the order mailed to
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Plaintiff, Plaintiff has failed to advise the Court of his current address.
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The Court has discretion to impose any and all sanctions authorized by statute or rule or

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within the inherent power of the Court, including dismissing the action, based on a petitioner’s

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failure to comply with a court rules. F.R.Civ.P. 11; Local R. 110.

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Accordingly, the Court hereby orders that:

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1.

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Within fifteen (15) days from the date of service of this order, Petitioner shall file a

written response to the Court, showing cause why the case should not be dismissed for

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Petitioner’s failure to file a change of address as required by Local R. 183. Submission of

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Petitioner’s new address shall be deemed compliance with this requirement.

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The Clerk of Court shall mail a copy of this order to Petitioner’s last known address,

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2.

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along with a copy of the Court’s January 11, 2016, order (Doc. 31).

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3.

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Petitioner’s failure to comply with this order to show cause will result in the dismissal

of this action without further notice.

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IT IS SO ORDERED.
Dated:

March 28, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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