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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE WILLIAMS,

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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.

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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

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complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and found it stated no cognizable claims.

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(Doc. No. 15.) Plaintiff was directed to file an amended complaint or a notice of voluntary

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dismissal within thirty days. On October 18, 2016, the screening order was returned as

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undeliverable by the U.S. Postal service. To date, plaintiff has not filed a notice of change of

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address with the court as required, nor has he communicated with the court in any way.

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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. The rule provides that “[i]f mail directed to a plaintiff in propria persona by the

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Clerk is returned by the U.S. Postal service, and if such plaintiff fails to notify the Court and
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opposing parties within sixty-three (63) days thereafter of a current address, the Court may

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dismiss the action without prejudice for failure to prosecute.” Here, more than sixty three days

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have passed without plaintiff providing the court with his current address.

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Accordingly, the action is hereby dismissed without prejudice due to plaintiff’s failure to

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provide a current address as required by the Local Rules of this court. The clerk of court is

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directed to terminate any pending motions and close this case.

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IT IS SO ORDERED.

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Dated:

April 26, 2017
UNITED STATES DISTRICT JUDGE

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