Watkins v. Pope et al
Filing
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ORDER VACATING 8 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/18/2011. Clerk directed to serve copy of 5/17/2011 7 Order on plaintiff at current address together w/this Order. Within 30 days from date of this Order, an Amended Complaint shall be filed to cure defects noted in previous 7 Order. (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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ROBERT LOUIS WATKINS,
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Plaintiff,
No. CIV S-10-0620 LKK DAD PS
v.
JAMIE POPE, et al.,
ORDER
Defendants.
/
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Plaintiff is proceeding pro se with a civil rights complaint against the California
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Public Employees Retirement System and an individual named Jamie Pope. On May 17, 2011,
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the court served upon plaintiff an order granting his motion to proceed in forma pauperis and
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dismissing plaintiff’s complaint with thirty days’ leave to amend. (Doc. No. 7.) On May 27,
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2011, plaintiff’s copy of the May 17, 2011 order was returned to the court by the postal service
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marked “Undeliverable, RTS - Not deliverable as addressed, unable to forward.”
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On June 1, 2011, the undersigned issued findings and recommendations
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recommending that this action be dismissed without prejudice due to plaintiff’s failure to keep
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the court apprised of his current address and his failure to comply with applicable rules and court
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orders. (Doc. No. 8.) On June 10, 2011 plaintiff provided the court with his current address and
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the Clerk of the Court served plaintiff with a copy of the June 1, 2011 findings and
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recommendations. (Doc. No. 9.) On June 14, 2011, plaintiff filed objections to the June 1, 2011
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findings and recommendations arguing that this matter should not be closed because he has now
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updated his address. (Doc. No. 10.)
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Plaintiff is again advised that Local Rule 182 requires every party, including any
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party proceeding in propria persona, to notify the court and all other parties of any change of
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address. Local Rule 182(f). “Absent such notice, service of documents at the prior address of
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the attorney or pro se party shall be fully effective.” Id. Failure to comply with the court’s rules
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or with any order of the court may be grounds for imposition by the court of any and all sanctions
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authorized by statute or rule or within the inherent power of the court. Local Rule 110.
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Nonetheless, the undersigned will vacate the June 1, 2011 findings and
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recommendations, direct the Clerk of the Court to serve plaintiff with a copy of the May 17, 2011
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order at his current address and grant plaintiff thirty days to file an amended complaint.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 1, 2011 (Doc. No. 8) are
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vacated;
2. The Clerk of the Court is directed to serve a copy of the May 17, 2011 order
(Doc. No. 7) on plaintiff at his current address of record together with a copy of this order;
3. Within thirty (30) days from the date of this order, an amended complaint shall
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be filed that cures the defects noted in the May 17, 2011 order and complies with the Federal
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Rules of Civil Procedure and the Local Rules of Practice. The amended complaint must bear the
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case number assigned to this action and must be titled “Amended Complaint”;
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4. Failure to respond to this order in a timely manner may result in a
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recommendation that this action be dismissed.
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DATED: June 18, 2011.
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DAD:6
ddad1\orders.prose\watkins0620.nca.vac
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