Lopez-Rangel v. Copenhaver et al

Filing 12

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Keep Court Apprised of Current Address, signed by Magistrate Judge Dennis L. Beck on 9/15/15. Show Cause Response : (30-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISMAEL LOPEZ-RANGEL, 12 Plaintiff, 13 v. 14 Case No. 1:14-cv-01175 DLB PC ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO KEEP COURT APPRISED OF CURRENT ADDRESS PAUL COPENHAVER, et al., THIRTY-DAY DEADLINE 15 Defendants. 16 Plaintiff Ismael Lopez-Rangel (“Plaintiff”), a federal prisoner proceeding pro se and in forma 17 18 pauperis, filed this civil action on July 28, 2014, pursuant to Bivens v. Six Unknown Named Agents 19 of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil 20 rights by federal actors.1 In a December 19, 2014, filing, Plaintiff indicated that he is a citizen of Mexico and would be 21 22 deported upon release, which was within six months. Plaintiff asked that his case be expedited in 23 light of his upcoming release and deportation. On January 22, 2015, the Court screened the complaint and dismissed it with leave to amend. 24 25 Plaintiff filed his amended complaint on March 2, 2015. According to the Bureau of Prisons Inmate Locator, Plaintiff was released from custody on 26 27 May 4, 2015. 28 1 Plaintiff consented to the jurisdiction of the United States Magistrate Judge on August 13, 2014. 1 1 Therefore, given Plaintiff’s notice to the Court of his upcoming release and deportation, as 2 well as his May 5, 2015, release, it appears that Plaintiff’s address on file with the Court (USP- 3 Atwater) is no longer current. 4 Plaintiff is required to keep the Court apprised of his current address at all times. Local Rule 5 183(b). Over four months have passed since Plaintiff’s release, and he has not updated his address 6 with the Court. 7 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, if any he has, why this action 8 should not be dismissed, without prejudice, for failing to keep the Court apprised of his current 9 address. 10 Plaintiff SHALL file a response to this order to show cause within thirty (30) days of the date 11 of service of this order. Plaintiff may also comply with this order by filing a notice of change of 12 address. 13 Failure to comply with this order will result in dismissal of this action. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Dennis September 15, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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