Maldonado v. Alfaro et al

Filing 66

ORDER DISMISSING Action for Failure to Provide a Current Address signed by District Judge Dale A. Drozd on 10/3/2017. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL MALDONADO,

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No. 1:15-cv-00836-DAD-MJS

Plaintiff,
v.

ORDER DISMISSING ACTION FOR
FAILURE TO PROVIDE A CURRENT
ADDRESS

PADILLA,
Defendant.

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Plaintiff Michael Maldonado proceeds pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. The case proceeds on plaintiff’s second amended

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complaint against defendant Padilla for excessive use of force against plaintiff in violation of the

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Eighth Amendment. (See Doc. No. 11.)

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On June 23, 2017, the court issued an order regarding defendant’s motion for an extension

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of time in which to file a reply in support of his motion for summary judgment. (Doc. No. 64.) A

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service copy of the order was sent to plaintiff by mail but returned to the court by the U.S. Postal

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Service as undeliverable with a note that plaintiff had been discharged from CDCR custody. To

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date, plaintiff has failed to file a notice of change of address with the court.

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Local Rule 183(b) requires a party proceeding pro se to keep the court apprised of his

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current address: “If mail directed to a plaintiff in propria persona by the Clerk is returned by the

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U.S. Postal service, and if such plaintiff fails to notify the Court and opposing parties within
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sixty-three (63) days thereafter of a current address, the Court may dismiss the action without

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prejudice for failure to prosecute.” Here, more than sixty-three days have passed without plaintiff

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providing the court with his current address.

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Accordingly, the action shall be dismissed without prejudice due to plaintiff’s failure to

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keep the court apprised of his current address. The Clerk of Court is directed to terminate any

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pending motions and close this case.

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IT IS SO ORDERED.

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Dated:

October 3, 2017
UNITED STATES DISTRICT JUDGE

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