Garcia v. Balagso et al

Filing 47

ORDER to SHOW CAUSE Why Action Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Stanley A. Boone on 1/11/17. Show Cause Response Due Within Twenty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO GARCIA,

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Plaintiff,

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v.
M. V. BALAGSO, et al.,

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Defendants.

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Case No.: 1:14-cv-00999-LJO-SAB (PC)
ORDER FOR PLAINTIFF TO SHOW CAUSE
WHY ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

Plaintiff Alejandro Garcia is proceeding pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(1)(B) and Local Rule 302.
On October 4, 2016, the Court issued a discovery and scheduling order in this matter, and

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served by mail on Plaintiff at his address of record. (ECF No. 46.) On October 19, 2016, the discovery

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and scheduling order was returned to the Court with a notation “undeliverable, inactive/refused.”
Plaintiff is required to keep the Court apprised of his current address at all times (Local Rule

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182(f), and Local Rule 183(b) provides, “If mail directed to a plaintiff in propria persona by the Clerk

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is returned by the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing

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parties within sixty-three (63) days thereafter of a current address, the Court may dismiss the action

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without prejudice for failure to prosecute.”

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Plaintiff’s address change was due by December 27, 2016, but he failed to file one and he has

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not otherwise been in contact with the Court. Based on the foregoing, it is HEREBY ORDERED that

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within twenty (20) days from the date of service of this order, Plaintiff shall show cause why this

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action should not be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

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January 11, 2017
UNITED STATES MAGISTRATE JUDGE

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