(PC) Rogelio Elopre v. Boyd, et al

Filing 27

ORDER directing Plaintiff to SHOW CAUSE why this matter should not be dismissed for failure to obey a court order 26 ; Plaintiff's showing of cause or in the alternative, Plaintiff's notice of current address due in 7-Days signed by Magistrate Judge Gary S. Austin on 3/11/2025. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGELIO ELOPRE,

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Plaintiff,

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v.

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BOYD, et al.,

No. 1:21-cv-00211 GSA (PC)
ORDER DIRECTING PLAINTIFF TO SHOW
CAUSE WHY THIS MATTER SHOULD NOT
BE DISMISSED FOR FAILURE TO OBEY A
COURT ORDER
(See ECF No. 26)

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Defendants.

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PLAINTIFF’S SHOWING OF CAUSE OR, IN
THE ALTERNATIVE, PLAINTIFF’S
NOTICE OF CURRENT ADDRESS DUE IN
SEVEN DAYS

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Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. Plaintiff has paid the filing fee. See ECF No. 9. The

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.

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Before this Court are Plaintiff’s first amended complaint docketed on May 16, 2022 (ECF

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No. 25), and the Court’s July 23, 2024, minute order which directed Plaintiff to file a notice of

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current address. (ECF No. 26). For the reasons stated below, Plaintiff will be ordered to show

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cause why this matter should not be dismissed for failure to obey a court order. As an alternative

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to filing the showing of cause, Plaintiff may file a notice of current address with the Court.

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Plaintiff will given seven days to take either course of action.
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I.

RELEVANT FACTS

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On May 16, 2022, Plaintiff filed a first amended complaint. ECF No. 25. Over a year

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later, because a significant amount of time had passed since Plaintiff had filed the amended

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pleading, Plaintiff was ordered to file a notice of current address with the Court. ECF No. 26. He

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was given seven days to do so. Id.

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II.

DISCUSSION

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More than seven days have passed and Plaintiff has not complied with the Court’s order,

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nor has he requested an extension of time to do so. See generally docket. Plaintiff has not

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responded the Court’s order in any way.

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These facts on their face would warrant a recommendation that this matter be dismissed.

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However, given that: (1) the order which directed Plaintiff to file a change of address has not

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been returned to the Court marked “undeliverable,” and (2) throughout these proceedings,

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Plaintiff has been diligent in filing notices of change of address with the Court (see, e.g., ECF

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Nos. 14, 21), prior to recommending the dismissal of this matter, Plaintiff will be directed to

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show cause why this matter should not be dismissed for failure to obey a court order. As an

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alternative to filing the showing of cause, Plaintiff will be permitted to file a notice of current

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address with the Court. Plaintiff will be given seven days to take either course of action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is ordered to SHOW CAUSE why this matter should not be DISMISSED for

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failure to obey a court order; or
2. As an ALTERNATIVE to filing the showing of cause, Plaintiff may file a notice of
current address with the Court, and
3. Plaintiff shall have seven days to take either course of action.

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IT IS SO ORDERED.
Dated:

March 11, 2025

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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