Jewett v. Prison Health Services

Filing 51

ORDER signed by District Judge Otis D. Wright, II on 7/8/2011 DENYING as MOOT plaintiff's 50 Second Motion for Appointment of Counsel. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EVERETT JOSEPH JEWETT,

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Plaintiff,
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vs.
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PRISON HEALTH SERVICES, INC.
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Defendant.
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___________________________________ )

No. 2:06-CV-02857 ODW

ORDER

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On January11, 2011 the court, in response to Plaintiff’s second request for the appointment
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of counsel to act on his behalf, ordered that he provide the court with his current address by
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February 7, 2011. It was expressly stipulated that failure to so advise the court would result in the
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dismissal of this action.
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No change of address was lodged with the court on or before February 7, 2011 and on March
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29, 2011 the court ordered this matter dismissed for plaintiff’s failure to keep the court advised of
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his current address.
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On July 5, 2011 Plaintiff filed his objection to the dismissal on the ground that while on
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parole, his address is the parole office, which apparently will assume the responsibility of
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forwarding his mail. The court offers no opinion on whether or not that is correct. For the court’s
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purposes, the inquiry is really quite simple. Litigants, whether or not in custody, are required to

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keep the court apprised of their mailing address. Plaintiff was ordered to do so by a date certain and

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failed to do so. Plaintiff’s objection is overruled and the matter has been and remains dismissed.

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The second motion for appointment of counsel is DENIED as MOOT.

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DATED: July 8, 2011

______________________________
OTIS D. WRIGHT, II, DISTRICT JUDGE

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