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)

Download PDF
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 CANUTE DAWES, 13 14 15 16 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 17 18 19 Plaintiff is a state prisoner or former state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. He has 21 consented to Magistrate Judge jurisdiction. 22 On April 17, 2017, the Court issued an order to show cause why the action should 23 not be dismissed for failure to obey a Court order and failure to prosecute. (ECF No. 11.) 24 On April 24, 2017, the order was returned to the Court as undeliverable. Plaintiff has not 25 since provided the Court with his current address. 26 Local Rule 183(b) requires a party proceeding pro se to keep the Court apprised 27 of his current address: “If mail directed to a plaintiff in propria persona by the Clerk is 28 1 returned by the U.S. Postal service, and if such plaintiff fails to notify the Court and 2 opposing parties within sixty-three (63) days thereafter of a current address, the Court 3 may dismiss the action without prejudice for failure to prosecute.” Here, more than sixty- 4 three days have passed without Plaintiff providing the Court with his current address. 5 Accordingly, the action is HEREBY DISMISSED WITHOUT PREJUDICE, based 6 on Plaintiff’s failure to provide a current address. The Clerk of Court shall terminate any 7 pending motions and close this case. 8 9 10 IT IS SO ORDERED. Dated: July 14, 2017 /s/ 11 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 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?