Webster v. Sacramento County Sheriff's Department et al

Filing 12

ORDER signed by Magistrate Judge Kimberly J. Mueller on 04/15/10 DISMISSING action without prejudice. CASE CASE CLOSED (Williams, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The court previously dismissed this case for plaintiff's failure to update his address. See Docket No. 7. The court vacated that order of dismissal after plaintiff filed a motion to reconsider, wherein he stated that his address at the Sacramento County Jail had not changed. See Docket No. 10. The order vacating dismissal was also returned as "Undeliverable, not in custody." The court's search of the Sacramento County Sheriff Department's online inmate locator shows that no one by plaintiff's name or inmate number is currently housed at the 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL WAYNE WEBSTER, Plaintiff, vs. SACRAMENTO COUNTY SHERIFF'S DEPT., Defendant. / ORDER No. CIV S-09-1701 KJM P

Plaintiff is a county jail inmate proceeding pro se and has consented to magistrate judge jurisdiction. By an order filed January 6, 2010, plaintiff was ordered to file an in forma pauperis affidavit within thirty days. The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed an in forma pauperis affidavit. Although it appears from the file that plaintiff's copy of the order was returned, plaintiff was properly served. It is the plaintiff's responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.1

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. DATED: April 15, 2010.

Sacramento County Jail. 2