Fowler v. Smith et al

Filing 31

ORDER DISMISSING ACTION, Without Prejudice, for Failure to Provide a Current Address signed by Magistrate Judge Michael J. Seng on 8/18/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 GARY FOWLER, Case No. 1:16-cv-01401-MJS (PC) 11 Plaintiff, 12 13 14 15 ORDER DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO PROVIDE A CURRENT ADDRESS v. STEVEN SMITH, et al., Defendants. CLERK TO TERMINATE PENDING MOTIONS AND CLOSE CASE 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 42 U.S.C. § 1983. All parties have consented to 20 Magistrate Judge jurisdiction. (ECF Nos. 12, 30.) 21 On June 6 and 7, 2017, Orders issued by the Court and served on the Plaintiff on 22 May 12, 15 and 16, 2017 were returned as undeliverable to Plaintiff. (ECF Nos. 24, 27, 23 29, respectively.) To date, Plaintiff has not updated his address. 24 Local Rule 183(b) requires parties proceeding pro se to keep the Court apprised of 25 their current address: “If mail directed to a plaintiff in propria persona by the Clerk is 26 returned by the U.S. Postal service, and if such plaintiff fails to notify the Court and 27 opposing parties within sixty-three (63) days thereafter of a current address, the Court 28 1 may dismiss the action without prejudice for failure to prosecute.” Here, more than sixty2 three days have passed without Plaintiff providing the Court with his current address. 3 Accordingly, the action is HEREBY DISMISSED WITHOUT PREJUDICE, based 4 on Plaintiff’s failure to provide a current address. The Clerk of Court shall terminate any 5 pending motions and close this case. 6 7 8 9 IT IS SO ORDERED. Dated: August 18, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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