Michael Jacobsen v. Pool

Filing 15

ORDER Regarding Plaintiff's Change of Address 10 ; ORDER Extending Show Cause Order and Directing Plaintiff to File a First Amended Complaint within Thirty Days, signed by Magistrate Judge Barbara A. McAuliffe on 8/25/17. Amended Complaint due by 9/28/2017. (Attachments: # 1 Amended Complaint Form)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACOBSEN,

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Plaintiff,

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v.
KIRK POOL,

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Defendant.

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Case No. 1:16-cv-01760-BAM (PC)
ORDER REGARDING PLAINTIFF’S
CHANGE OF ADDRESS
(ECF No. 10)
ORDER EXTENDING SHOW CAUSE
ORDER AND DIRECTING PLAINTIFF TO
FILE A FIRST AMENDED COMPLAINT
WITHIN THIRTY (30) DAYS

Plaintiff Michael Jacobsen (“Plaintiff”) is a former pretrial detainee proceeding pro se and

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in forma pauperis in this civil rights action. Plaintiff initiated this action on November 21, 2016.

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(ECF No. 1.) Plaintiff has consented to magistrate judge jurisdiction. (ECF No. 4.)

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On June 13, 2017, the Court issued an order dismissing Plaintiff’s complaint with leave to

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amend within thirty (30) days. (ECF No. 8.) The Court expressly warned Plaintiff that the failure

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to file an amended complaint in compliance with the Court’s order would result in this action

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being dismissed, with prejudice, for failure to obey a court order and failure to state a claim. (Id.

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at 5.)

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On July 10, 2017, Plaintiff filed a notice of change of address. (ECF No. 9.) Plaintiff

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further requested that the Court send him any deadlines in his pending cases. On July 14, 2017,

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the Court granted Plaintiff’s request for status of case. The Court reminded Plaintiff of the

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screening order issued on June 13, 2017, and the deadline of July 17, 2017 for the filing of
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Plaintiff’s first amended complaint. (ECF No. 10.)
On July 20, 2017, Plaintiff’s address was updated pursuant to a notice of change of

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address filed in Jacobsen v. People of the State of California, Case No. 1:14-cv-108. (ECF No.

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11.) Accordingly, the Court ordered the Clerk of the Court to re-serve the Court’s July 14, 2017

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order granting Plaintiff’s request for status of case. (ECF No. 12.)

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On July 25, 2017, after Plaintiff failed to timely file a first amended complaint, the Court

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issued an order to show cause why this action should not be dismissed, with prejudice, for failure

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to state a claim, failure to obey a court order, and failure to prosecute. (ECF No. 13.) Plaintiff

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was directed to respond or file a first amended complaint within twenty (20) days. (Id.) The

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Court’s order again warned Plaintiff that failing to timely respond would result in dismissal of

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this action, with prejudice. (Id.)

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On August 24, 2017, Plaintiff’s address was updated, again pursuant to a notice of change

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of address filed in Case No. 1:14-cv-00108 JLT (PC). (ECF No. 14.) In this filing, Plaintiff

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asserts that although he has updated his address three times with the Court over the past two and a

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half months, he has not received any of the Court’s orders in any of his three pending cases in this

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district.

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Plaintiff’s filing is not responsive to the Court’s order which directed Plaintiff to file a

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first amended complaint or to show cause why he has been unable to do so. Therefore, the Court

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will not discharge the order to show cause issued on July 25, 2017. The Court will provide

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Plaintiff additional time and a final opportunity to file a first amended complaint or a response

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stating why he is unable to do so.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk’s Office shall send Plaintiff a complaint form;

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2. The Clerk’s Office is directed to re-serve the following orders on Plaintiff at his

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current address of record:
a. June 13, 2017 order dismissing complaint, with leave to amend, for failure to
state a cognizable claim for relief (ECF No. 8);
b. July 14, 2017 order granting request for status of case (ECF No. 10);
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c. July 24, 2017 order directing Clerk’s Office to re-serve July 14, 2017 order on

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Plaintiff (ECF No. 12); and

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d. July 25, 2017 order to show cause (ECF No. 13).
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first

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amended complaint; and

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4. If Plaintiff fails to file an amended complaint in compliance with this order, this

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action will be dismissed, with prejudice, for failure to obey a court order, failure

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to state a claim, and failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 25, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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