Johnson v. Boyer

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/18/12 DISMISSING CASE without prejudice for plaintiff's failure to file an amended complaint within 30 days of the 04/13/12 order as well as his failure to keep the court apprised of his current address. CASE CLOSED. (Plummer, 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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GABRIEL BENJAMIN JOHNSON

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Plaintiff,

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vs.

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No. 2: 10-cv-3102 CKD P

LENNY BOYER,

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Defendant.

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ORDER
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Plaintiff, proceeding in forma pauperis and pro se, filed a civil rights complaint

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pursuant to 42 U.S.C. § 1983. Petitioner consented to have a United States Magistrate Judge

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conduct all further proceedings in this case pursuant to 28 U.S.C. § 636(c)(1). On April 13,

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2012, petitioner’s motion to proceed in forma pauperis was granted. (See Dkt. No. 16.) The

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complaint was dismissed, but petitioner was given thirty days to file an amended complaint.

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On April 23, 2012, the April 13, 2012 order was returned as undeliverable as

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addressed. On June 12, 2012, petitioner filed a request for status on his in forma pauperis

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application. (See Dkt. No. 18.) Petitioner presumably filed this June 12, 2012 filing because he

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never received a copy of the April 13, 2012 order which had granted his in forma pauperis

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application. Petitioner did not indicate on this request for status the location of his new address.

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Although it appears from the file that plaintiff’s copy of the April 13, 2012 order

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was returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court

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apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents

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at the record address of the party is fully effective.

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Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED

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WITHOUT PREJUDICE for plaintiff’s failure to file an amended complaint within thirty days of

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the April 13, 2012 order as well as his failure to keep the court apprised of his current address.

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See Local Rules 182(f) and 110.

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Dated: July 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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john3102.fta.nca

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