Ames v. Swarthout

Filing 17

ORDER signed by Magistrate Judge John F. Moulds on 8/26/2011 VACATING 14 Findings and Recommendations. The Clerk to modify the Docket to reflect Ptnr's correct inmate number (K-86252). The Clerk is also directed to send Ptnr copies of 5 Order, 10 Clerk's Notice, 12 Response to Request for Copies, and 14 Findings and Recommendations. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY M. AMES,
Petitioner,

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vs.

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No. 2:11-cv-0565 MCE JFM (HC)

G. SWARTHOUT,
Respondent.

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ORDER
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The court issued findings and recommendations on July 25, 2011 recommending

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dismissal of this action due to plaintiff's failure to keep the court apprised of his current address.

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Although the court has been unable to deliver mail to petitioner, it became apparent that

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petitioner was able to file documents with the court and to receive documents filed by

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respondent. Upon further review, the undersigned has determined that petitioner’s current

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address is correct, but his Inmate Number, as provided, was incorrect. The Prison Litigation

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Coordinator for California State Prison, Solano, where petitioner is currently housed, confirmed

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that petitioner’s correct Inmate Number is K-86252.1

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The Inmate Number provided by petitioner (K-86525) inverts the last three numbers. As
a result, the prison has been unable to locate petitioner to deliver the court’s mail. Respondent’s
June 9, 2011 motion to dismiss was received by petitioner because respondent identified petitioner
by the correct Inmate Number. See Doc. No. 11, Decl. of Service.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 25, 2011 findings and recommendations are vacated;

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2. The Clerk of the Court is directed to modify the Docket to reflect petitioner’s

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correct Inmate Number (K-86252); and
3. The Clerk of the Court is also directed to forward to petitioner copies of the

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following, in addition to a copy of the instant order:
A. The April 22, 2011 order granting petitioner’s motion to proceed in

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forma pauperis (Doc. No. 5);
B. The May 11, 2011 Clerk’s Notice (Doc. No. 10);

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C. The June 16, 2011 response to petitioner’s request for copies (Doc. No.

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12); and
D. The July 25, 2011 findings and recommendations (Doc. No. 14).

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DATED: August 26, 2011.

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/ames0565.vac.fr

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