Tyrone Williams v. Fresno County District Attorney Office et al

Filing 16

ORDER DISMISSING Action for Failure to Provide a Current Address; DIRECTING Clerk to Terminate Pending Motions and Close Case, signed by District Judge Dale A. Drozd on 4/26/17. CASE CLOSED. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYRONE WILLIAMS, 12 13 14 15 16 No. 1:16-cv-00734-DAD-MJS (PC) Plaintiff, v. FRESNO COUNTY DISTRICT ATTORNEY’S OFFICE, et al., ORDER DISMISSING ACTION FOR FAILURE TO PROVIDE A CURRENT ADDRESS; DIRECTING CLERK TO TERMINATE PENDING MOTIONS AND CLOSE CASE Defendants. 17 18 19 20 Plaintiff proceeds pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. On September 20, 2016 the magistrate judge assigned to the case screened plaintiff’s 21 complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and found it stated no cognizable claims. 22 (Doc. No. 15.) Plaintiff was directed to file an amended complaint or a notice of voluntary 23 dismissal within thirty days. On October 18, 2016, the screening order was returned as 24 undeliverable by the U.S. Postal service. To date, plaintiff has not filed a notice of change of 25 address with the court as required, nor has he communicated with the court in any way. 26 Local Rule 183(b) requires a party proceeding pro se to keep the court apprised of his 27 current address. The rule provides that “[i]f mail directed to a plaintiff in propria persona by the 28 Clerk is returned by the U.S. Postal service, and if such plaintiff fails to notify the Court and 1 1 opposing parties within sixty-three (63) days thereafter of a current address, the Court may 2 dismiss the action without prejudice for failure to prosecute.” Here, more than sixty three days 3 have passed without plaintiff providing the court with his current address. 4 Accordingly, the action is hereby dismissed without prejudice due to plaintiff’s failure to 5 provide a current address as required by the Local Rules of this court. The clerk of court is 6 directed to terminate any pending motions and close this case. 7 IT IS SO ORDERED. 8 Dated: April 26, 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?