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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FOWLER,

Case No. 1:16-cv-01401-MJS (PC)

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Plaintiff,

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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

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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.)
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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.
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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
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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.
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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.
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IT IS SO ORDERED.
Dated:

August 18, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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