Turner v. Colon

Filing 142

ORDER signed by Magistrate Judge Allison Claire on 1/15/15 ordering plaintiff shall within 30 days after the filing date of this order, inform the court of his current address of record, and a statement of intent to proceed with this action. The cl erk of the court is directed to serve a copy of this order on plaintiff at each of the following addresses: 1301 Yosemite Parkway, Merced, CA 95340. 181 East 16th Street, #(, Merced, CA 95340., and California State Prison Solano, PO Box 4000, Vacaville, CA 95696-4000.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEO B. TURNER, Jr.,

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No. 2:11-cv-2343 KJM AC P

Plaintiff,

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v.

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R. COLON, et al.,

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ORDER

Defendants.

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Three recent orders of this court, served on plaintiff at his address of record, were returned

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by the postal service as “undeliverable.” It appears that plaintiff has failed to comply with Local

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Rule 183(b), which requires that a party appearing in propria persona inform the court of any

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address change. The court notes that plaintiff previously provided a parole address of 1301

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Yosemite Parkway, Merced CA 95340. ECF Nos. 118, 121. Plaintiff’s subsequent filings bore a

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different street address, 181 East 16th Street #9, Merced CA 95340. ECF Nos. 132, 133. Mail

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delivered to the second address was returned on October 14, 2014, and October 28, 2014. The

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court’s review of the Inmate Locator website operated by the California Department of

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Corrections and Rehabilitation (CDCR) indicates that plaintiff may again be incarcerated, at

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California State Prison, Solano.1

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See http://inmatelocator.cdcr.ca.gov/. This Court may take judicial notice of facts that are
(continued…)
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Because more than sixty-three days have passed since the court’s orders were returned,

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and plaintiff has failed to notify the court of his current address, the court is authorized to dismiss

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this action without prejudice. See Local Rule 183(b).2 Nevertheless, plaintiff will be accorded

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one additional opportunity to inform the court of his current address of record, and his intent to

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proceed with the instant action. The court will serve a copy of this order on plaintiff at each of

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the above-noted addresses.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, within thirty days after the filing date of this order, inform the court of

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his current address of record, and a statement of intent to proceed with this action.

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2. Failure of plaintiff to timely comply with this order will result in the dismissal of this
action without prejudice.

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3. The Clerk of Court is directed to serve a copy of this order on plaintiff at each of the
following addresses:

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1301 Yosemite Parkway
Merced CA 95340.

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181 East 16th Street #9
Merced CA 95340.

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capable of accurate determination by sources whose accuracy cannot reasonably be questioned.
Fed. R. Evid. 201; see also City of Sausalito v. O'Neill, 386 F.3d 1186, 1224 n.2 (9th Cir. 2004)
(“We may take judicial notice of a record of a state agency not subject to reasonable dispute.”).
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Local Rule 183(b) provides:

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A party appearing in propria persona shall keep the Court and
opposing parties advised as to his or her current address. If mail
directed to a plaintiff in propria persona by the Clerk is returned by
the U.S. Postal Service, and if such plaintiff fails to notify the Court
and opposing parties within sixty-three (63) days thereafter of a
current address, the Court may dismiss the action without prejudice
for failure to prosecute.

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California State Prison, Solano
P.O. Box 4000
Vacaville CA 95696-4000
SO ORDERED.
DATED: January 15, 2015

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