Laury v. Motl, et al.

Filing 10

ORDER to File Change of Address or SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Prosecute; ORDER Directing Clerk's Office to Re-Serve March 23, 2018 Order on Plaintiff signed by Magistrate Judge Barbara A. McAuliffe on 4/4/2018. Change of Address or Show Cause Response due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL ALLEN LAURY,

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Plaintiff,

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v.

Case No. 1:18-cv-00333-BAM (PC)
ORDER TO FILE CHANGE OF ADDRESS
OR SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

MOTL, et al.,
THIRTY (30) DAY DEADLINE

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Defendants.

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ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE MARCH 23, 2018 ORDER ON
PLAINTIFF

Plaintiff Daniel Allen Laury (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on March 9, 2018.
On March 23, 2018, the Court issued an order granting Plaintiff’s motion to proceed in

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forma pauperis. (ECF No. 8.) On April 2, 2018, Plaintiff filed a consent to United States

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Magistrate Judge jurisdiction. (ECF No. 9.)

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Also on April 2, 2018, the Court’s March 23, 2018 order was returned as “Undeliverable,

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No Such Number.” That order was mailed to Plaintiff’s current address of record, which is listed

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on the complaint as CSATF/State Prison at Corcoran, P.O. Box 1050, Corcoran, CA 93212.

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(ECF No. 1, p. 1.)

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Pursuant to Local Rules 182 and 183, a pro se party is under a continuing duty to notify

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the Clerk, the Court and all other parties of any change of address or telephone number. Local

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Rules 182(f), 183(b). Additionally, Local Rule 110 provides that “[f]ailure . . . of a party to

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comply with these [Local] Rules or with any order of the Court may be grounds for imposition by

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the Court of any and all sanctions . . . within the inherent power of the Court.” Further, the failure

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of Plaintiff to prosecute this action is grounds for dismissal. In re Phenylpropanolamine (PPA)

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Products Liability Litigation, 460 F.3d 1217 (9th Cir. 2006).

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It appears that Plaintiff has provided an invalid mailing address to the Court. However, as
Plaintiff has filed his consent to Magistrate Judge jurisdiction, the Court finds that Plaintiff still
intends to prosecute this action.

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Based on a review of the documents attached to the complaint, the Court notes that

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Plaintiff’s mailing address was California Substance Abuse Treatment Facility and State Prison at

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Corcoran, P.O. Box 7100, Corcoran, CA 93212-7100 as recently as January 22, 2018. (ECF No.

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1, p. 5.) Therefore, the Court finds it appropriate to re-serve the order granting Plaintiff’s motion

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to proceed in forma pauperis and to serve the instant order on Plaintiff at that address and

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Plaintiff’s current address of record. Plaintiff remains responsible for providing the Court with a

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correct mailing address for the service of future orders.

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Accordingly, it is HEREBY ORDERED as follows:

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1. The Clerk of the Court is DIRECTED to serve the Court’s March 23, 2018 order

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granting Plaintiff’s motion to proceed in forma pauperis, (ECF No. 8), and the instant

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order on Plaintiff at the following address:

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Daniel Laury, K90424
California Substance Abuse Treatment Facility and State Prison at Corcoran
P.O. Box 7100
Corcoran, CA 93212-7100

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2. Plaintiff shall show cause in writing, within thirty (30) days from the date of service

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of this order, why this action should not be dismissed, without prejudice, for failure to

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prosecute;

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3. Plaintiff can comply with this order to show cause by filing a notice informing the

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Court of his current address;
4. The failure to respond to this order will result in dismissal of this action, without

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prejudice, for failure to prosecute.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 4, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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