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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MALDONADO, 12 13 14 15 No. 1:15-cv-00836-DAD-MJS Plaintiff, v. ORDER DISMISSING ACTION FOR FAILURE TO PROVIDE A CURRENT ADDRESS PADILLA, Defendant. 16 17 Plaintiff Michael Maldonado proceeds pro se and in forma pauperis in this civil rights 18 action brought pursuant to 42 U.S.C. § 1983. The case proceeds on plaintiff’s second amended 19 complaint against defendant Padilla for excessive use of force against plaintiff in violation of the 20 Eighth Amendment. (See Doc. No. 11.) 21 On June 23, 2017, the court issued an order regarding defendant’s motion for an extension 22 of time in which to file a reply in support of his motion for summary judgment. (Doc. No. 64.) A 23 service copy of the order was sent to plaintiff by mail but returned to the court by the U.S. Postal 24 Service as undeliverable with a note that plaintiff had been discharged from CDCR custody. To 25 date, plaintiff has failed to file a notice of change of address with the court. 26 Local Rule 183(b) requires a party proceeding pro se to keep the court apprised of his 27 current address: “If mail directed to a plaintiff in propria persona by the Clerk is returned by the 28 U.S. Postal service, and if such plaintiff fails to notify the Court and opposing parties within 1 1 sixty-three (63) days thereafter of a current address, the Court may dismiss the action without 2 prejudice for failure to prosecute.” Here, more than sixty-three days have passed without plaintiff 3 providing the court with his current address. 4 Accordingly, the action shall be dismissed without prejudice due to plaintiff’s failure to 5 keep the court apprised of his current address. The Clerk of Court is directed to terminate any 6 pending motions and close this case. 7 IT IS SO ORDERED. 8 Dated: October 3, 2017 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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