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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ALEJANDRO GARCIA, Plaintiff, 10 11 v. 12 PURDY, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) 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] 15 Plaintiff Alejandro Garcia is proceeding pro se and in forma pauperis in this civil rights action 16 pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 17 28 U.S.C. § 636(1)(B) and Local Rule 302. 18 On March 7, 2017, the Court issued an order dismissing this action based on Plaintiff’s failure 19 to prosecute and for violating Local Rule 183(b). (ECF No. 50.) Judgment was entered accordingly 20 that same day. (ECF No. 51.) 21 On June 21, 2017, Plaintiff filed a notice stating that while he was litigating this action, he was 22 in Centinela State Prison. Now, he is in the Los Angeles County Jail, and contends that he lost his files 23 and case number, and has not responded to his case for the past eight months because of a lack of law 24 library access. Plaintiff further states that he would like to continue with his case. 25 The Court construes Plaintiff’s notice as a motion for relief from judgment pursuant to Federal 26 Rule of Civil Procedure 60(b). The Court also notes that the docket reflects that several mailings to 27 Plaintiff in this case were returned as undeliverable since October 2016, stating that Plaintiff was 28 inactive or paroled at the time such mailings were sent to him, and no new address had been provided. 1 1 Accordingly, on the basis of good cause, it is HEREBY ORDERED that Defendant Purdy shall 2 file a response to Plaintiff’s motion within twenty-one (21) days from the date of service of this order. 3 Defendant’s response shall inform the Court of the date that Plaintiff was released from Centinela 4 State Prison, the date of his intake at the Los Angeles County Jail, and any other information that 5 Defendant deems necessary to evaluate Plaintiff’s request. 6 7 IT IS SO ORDERED. 8 Dated: 9 July 10, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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