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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMAR R. HEARNS,

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Plaintiff,

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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.,

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ORDER FOR PLAINTIFF TO FILE
NOTICE OF CHANGE OF ADDRESS
WITHIN THIRTY DAYS

Defendants.

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ORDER DIRECTING CLERK TO MAIL
CHANGE OF ADDRESS FORM AND
COPY OF THIS ORDER TO PLAINTIFF
AT TWO ADDRESSES

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I.

BACKGROUND

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Jamar R. Hearns is a state prisoner proceeding pro se with this civil rights action

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pursuant to 42 U.S.C. §1983. Plaintiff filed the Complaint commencing this action on January

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11, 2017. (ECF No. 1.)

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On January 23, 2017, Plaintiff consented to Magistrate Judge jurisdiction in this action

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pursuant to 28 U.S.C. § 636(c), and no other parties have made an appearance. (ECF No. 5.)

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Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the Eastern District of

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California, the undersigned shall conduct any and all proceedings in the case until such time as

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reassignment to a District Judge is required. Local Rule Appendix A(k)(3).
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On January 27, 2017, Plaintiff filed a notice requesting the court to change his address

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of record from: P.O. Box 92 or 96, Chowchilla, California 93610, to: P.O. Box 01795, Los

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Angeles, CA 90001. (ECF No. 6.)

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II.

CHANGE OF ADDRESS TO ADDRESS OTHER THAN PRO SE LITIGANT=S
ACTUAL ADDRESS

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In the event that Plaintiff intends to retain his in propria persona status and continue

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representing himself, he may not change his address of record at the court to an address that

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does not reflect where he resides. There is no Federal Rule of Civil Procedure or Local Rule

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allowing service of court and other legal documents at an address other than a pro se litigant=s

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actual address. Local Rule 131, Local Rule 182(f), and Local Rule 183(b) require pro se

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litigants to inform the court of their addresses and to keep the court informed of any change in

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their addresses. There is no authority for the proposition that a pro se litigant can simply

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request the court to serve him at a different address.

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There may be special circumstances in which the court could serve a pro se litigant at a

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separate address. However, no such special circumstances are apparent here. Moreover,

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service at a location other than Plaintiff=s place of residence can pose significant problems with

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ensuring that Plaintiff receives all court documentation, meets court deadlines and prepares and

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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,

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(Court Record.) The CDCR’s inmate locator shows that

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Chowchilla, CA 93610-0092.

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Plaintiff is currently incarcerated at Valley State Prison. (CDCR Inmate Locator.) The court

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finds no evidence that Plaintiff is out of custody or living in Los Angeles.

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Therefore, the Clerk of Court shall be directed to send Plaintiff a change-of-address

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form. Plaintiff is required to complete and return the form to the court within thirty days,

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notifying the court of his address of actual residence. Plaintiff is cautioned that pro se litigants

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are required to notify the Clerk and all other parties of any change of address, and absent such

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notice, service of documents at the prior address of the party shall be fully effective. See Local

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Rule 182(f). Moreover, Plaintiff=s failure to comply with an order or any Local Rule may be

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grounds for dismissal of the entire action. See Local Rule 110.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff=s request to change his address of record at the court to a P.O. Box in
Los Angeles, CA is DENIED;

2.

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The Clerk is DIRECTED to:
(a)

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Mail a copy of this order and a change-of-address form to Plaintiff at
both of the following addresses:

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(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

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3.

Within thirty days of the date of service of this order, Plaintiff is required to file

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a notice of change of address, notifying the court of his address of actual

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residence; and

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4.

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Plaintiff's failure to comply with this order shall result in a recommendation that
this action be dismissed.

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IT IS SO ORDERED.
Dated:

February 6, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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