Garcia v. Balagso et al

Filing 53

ORDER DIRECTING Defendants to File a Response to Plaintiff's Motion for Relief from Judgment and Notice of Change of Address within 21 Days signed by Magistrate Judge Stanley A. Boone on 7/10/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO GARCIA,
Plaintiff,

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v.

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PURDY,

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Defendant.

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Case No.: 1:14-cv-00999-LJO-SAB (PC)
ORDER DIRECTING DEFENDANTS TO FILE A
RESPONSE TO PLAINTIFF’S MOTION FOR
RELIEF FROM JUDGMENT AND NOTICE OF
CHANGE OF ADDRESS WITHIN 21 DAYS
[ECF No. 52]

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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.

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On March 7, 2017, the Court issued an order dismissing this action based on Plaintiff’s failure

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to prosecute and for violating Local Rule 183(b). (ECF No. 50.) Judgment was entered accordingly

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that same day. (ECF No. 51.)

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On June 21, 2017, Plaintiff filed a notice stating that while he was litigating this action, he was

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in Centinela State Prison. Now, he is in the Los Angeles County Jail, and contends that he lost his files

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and case number, and has not responded to his case for the past eight months because of a lack of law

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library access. Plaintiff further states that he would like to continue with his case.

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The Court construes Plaintiff’s notice as a motion for relief from judgment pursuant to Federal

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Rule of Civil Procedure 60(b). The Court also notes that the docket reflects that several mailings to

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Plaintiff in this case were returned as undeliverable since October 2016, stating that Plaintiff was

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inactive or paroled at the time such mailings were sent to him, and no new address had been provided.
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Accordingly, on the basis of good cause, it is HEREBY ORDERED that Defendant Purdy shall

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file a response to Plaintiff’s motion within twenty-one (21) days from the date of service of this order.

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Defendant’s response shall inform the Court of the date that Plaintiff was released from Centinela

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State Prison, the date of his intake at the Los Angeles County Jail, and any other information that

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Defendant deems necessary to evaluate Plaintiff’s request.

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IT IS SO ORDERED.

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Dated:

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July 10, 2017
UNITED STATES MAGISTRATE JUDGE

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