Dawes v. Branson

Filing 12

ORDER DISMISSING Action for Failure to Provide Current Address; Clerk to Terminate Pending Motions and CLOSE CASE signed by Magistrate Judge Michael J. Seng on 7/14/2017. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CANUTE DAWES,

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Plaintiff,
v.
R. BRANSON,
Defendants.

CASE NO. 1:16-cv-01364-MJS (PC)
ORDER DISMISSING ACTION FOR
FAILURE TO PROVIDE CURRENT
ADDRESS
CLERK TO TERMIANTE PENDING
MOTIONS AND CLOSE CASE

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Plaintiff is a state prisoner or former state prisoner proceeding pro se and in forma

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pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. He has

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consented to Magistrate Judge jurisdiction.

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On April 17, 2017, the Court issued an order to show cause why the action should

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not be dismissed for failure to obey a Court order and failure to prosecute. (ECF No. 11.)

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On April 24, 2017, the order was returned to the Court as undeliverable. Plaintiff has not

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since provided the Court with his current address.

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

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

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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

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

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three days have passed without Plaintiff providing the Court with his current address.

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Accordingly, the action is HEREBY DISMISSED WITHOUT PREJUDICE, based

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on Plaintiff’s failure to provide a current address. The Clerk of Court shall terminate any

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pending motions and close this case.

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IT IS SO ORDERED.
Dated:

July 14, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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