Fowler v. Smith et al

Filing 35

ORDER REGARDING 33 Letter from Plaintiff; Clerk to Send Plaintiff Copy of ECF Nos. 31 and 32 at Address Listed on ECF No. 33 signed by Magistrate Judge Michael J. Seng on 9/12/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FOWLER,

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Plaintiff,

Case No. 1:16-cv-01401-MJS (PC)
ORDER REGARDING LETTER FROM
PLAINTIFF

v.
(ECF NO. 33)
STEVEN SMITH, et al.,
Defendants.

CLERK TO SEND PLAINITFF COPY OF ECF
NOS. 31 AND 32 AT ADDRESS LISTED ON
ECF NO. 33

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this
civil rights action brought pursuant to 42 U.S.C. § 1983. The action, now closed,
proceeded on the following claims for damages: an Eighth Amendment claim for
inadequate medical care against Defendants Smith, Forster, and Ridge; a constitutional
retaliation claim against Defendant Smith; and a state law negligence claim against
Defendants Smith, Forster, Ridge, and St. Clair.

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On August 21, 2017, Plaintiff filed a letter with the Court indicating he currently is in

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the temporary custody of the Placer County Sheriff and that he therefore was unable to

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attend a scheduled court appearance on June 22, 2017.1

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This action was dismissed without prejudice on August 21, 2017 due to Plaintiff’s

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failure to provide a current address as required under Court rules. The Clerk of Court will be

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directed to send a copy of the Court’s August 21, 2017 order and judgment (ECF Nos. 31,

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32) to Plaintiff at the address listed on his most recent filing.

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IT IS SO ORDERED.

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Dated:

September 12, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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The Court has no record of any such appearance being scheduled or required in this case..

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