Hearns v. Gonzales, et al.

Filing 7

ORDER DENYING Change of Address to Los Angeles PO Box 6 ; ORDER for Plaintiff to File Notice of Change of Address Within Thirty Days; ORDER DIRECTING Clerk to Mail Change of Address Form and Copy of This Order to Plaintiff at Two Addresses, signed by Magistrate Judge Gary S. Austin on 2/6/17. (Attachments: # 1 Notice of Change of Address - blank form)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMAR R. HEARNS, 12 Plaintiff, 13 14 1:17-cv-00038-GSA-PC ORDER DENYING CHANGE OF ADDRESS TO LOS ANGELES P.O. BOX (ECF No. 6.) vs. ROSA GONZALES, et al., 15 ORDER FOR PLAINTIFF TO FILE NOTICE OF CHANGE OF ADDRESS WITHIN THIRTY DAYS Defendants. 16 ORDER DIRECTING CLERK TO MAIL CHANGE OF ADDRESS FORM AND COPY OF THIS ORDER TO PLAINTIFF AT TWO ADDRESSES 17 18 19 20 I. BACKGROUND 21 Jamar R. Hearns is a state prisoner proceeding pro se with this civil rights action 22 pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this action on January 23 11, 2017. (ECF No. 1.) 24 On January 23, 2017, Plaintiff consented to Magistrate Judge jurisdiction in this action 25 pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 5.) 26 Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of 27 California, the undersigned shall conduct any and all proceedings in the case until such time as 28 reassignment to a District Judge is required. Local Rule Appendix A(k)(3). 1 1 On January 27, 2017, Plaintiff filed a notice requesting the court to change his address 2 of record from: P.O. Box 92 or 96, Chowchilla, California 93610, to: P.O. Box 01795, Los 3 Angeles, CA 90001. (ECF No. 6.) 4 5 II. CHANGE OF ADDRESS TO ADDRESS OTHER THAN PRO SE LITIGANT=S ACTUAL ADDRESS 6 In the event that Plaintiff intends to retain his in propria persona status and continue 7 representing himself, he may not change his address of record at the court to an address that 8 does not reflect where he resides. There is no Federal Rule of Civil Procedure or Local Rule 9 allowing service of court and other legal documents at an address other than a pro se litigant=s 10 actual address. Local Rule 131, Local Rule 182(f), and Local Rule 183(b) require pro se 11 litigants to inform the court of their addresses and to keep the court informed of any change in 12 their addresses. There is no authority for the proposition that a pro se litigant can simply 13 request the court to serve him at a different address. 14 There may be special circumstances in which the court could serve a pro se litigant at a 15 separate address. However, no such special circumstances are apparent here. Moreover, 16 service at a location other than Plaintiff=s place of residence can pose significant problems with 17 ensuring that Plaintiff receives all court documentation, meets court deadlines and prepares and 18 signs all of his own legal documentation as a party proceeding in pro se. The court’s current address of record for Plaintiff is: Valley State Prison, P.O. Box 92, 19 (Court Record.) The CDCR’s inmate locator shows that 20 Chowchilla, CA 93610-0092. 21 Plaintiff is currently incarcerated at Valley State Prison. (CDCR Inmate Locator.) The court 22 finds no evidence that Plaintiff is out of custody or living in Los Angeles. 23 Therefore, the Clerk of Court shall be directed to send Plaintiff a change-of-address 24 form. Plaintiff is required to complete and return the form to the court within thirty days, 25 notifying the court of his address of actual residence. Plaintiff is cautioned that pro se litigants 26 are required to notify the Clerk and all other parties of any change of address, and absent such 27 notice, service of documents at the prior address of the party shall be fully effective. See Local 28 /// 2 1 Rule 182(f). Moreover, Plaintiff=s failure to comply with an order or any Local Rule may be 2 grounds for dismissal of the entire action. See Local Rule 110. 3 III. CONCLUSION 4 Based on the foregoing, IT IS HEREBY ORDERED that: 5 1. 6 7 Plaintiff=s request to change his address of record at the court to a P.O. Box in Los Angeles, CA is DENIED; 2. 8 The Clerk is DIRECTED to: (a) 9 Mail a copy of this order and a change-of-address form to Plaintiff at both of the following addresses: 10 (1) Jamar R. Hearns G-26293 Valley State Prison P.O. Box 92 Chowchilla, CA 93610-0092 (2) Jamar R. Hearns P.O. Box 01795 Los Angeles, CA 90001 11 12 13 14 15 3. Within thirty days of the date of service of this order, Plaintiff is required to file 16 a notice of change of address, notifying the court of his address of actual 17 residence; and 18 4. 19 Plaintiff's failure to comply with this order shall result in a recommendation that this action be dismissed. 20 21 22 23 IT IS SO ORDERED. Dated: February 6, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 3

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