Arceo v. DVI, et al

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/14 ORDERING that Plaintiffs motions for a temporary restraining order (ECF Nos. 13 , 14 ), are denied as moot. Plaintiff shall file a notice of change of address on or before May 23, 2014. Should plaintiff timely file a notice of change of address, the court will then screen plaintiffs First Amended Complaint and supplement (ECF Nos. 11 , 12 ). Failure of plaintiff to file a notice of change of address by May 23, 2014, shall result in the dismissal of this action without prejudice. Clerk of Court shall serve a copy of this order on plaintiff at his address of record.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY ARCEO,

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Plaintiff,

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No. 2:11-cv-02396-KJN P

ORDER1

v.
SOCORRO SALINAS, et al.,

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Defendants.

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Presently pending in this civil rights actions are two identical motions for a temporary

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restraining order concerning plaintiff’s conditions of confinement at San Joaquin County Jail.

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However, as noted by court order filed March 11, 2014, it appears, based on outside resources,

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that plaintiff is no longer incarcerated at San Joaquin County Jail, but rather is now at Coalinga

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State Hospital. (See ECF No. 15.) The court directed plaintiff to file a notice of change of

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address, as required by the Local Rules. See Local Rules 182(f); 183(b). The order was served

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on plaintiff at San Joaquin County Jail, plaintiff’s address of record. “Absent . . . notice [of a pro

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se party’s current address], service of documents at the prior address of the . . . pro se party shall be

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fully effective.” Local Rule 182(f). The court’s order was returned as “undeliverable,” with no

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forwarding address. (See Docket Entry dated March 21, 2014.)

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This action is referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b)(1)(B),
Local General Order No. 262, and Local Rule 302(c).
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As the court noted in its March 11, 2014 order, it appears that plaintiff’s identical motions

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for a temporary restraining order are now moot because they challenge plaintiff’s conditions of

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confinement at a prior place of confinement. The motions seek to prevent San Joaquin County

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Jail officials from retaliating against plaintiff, by denying him access to his legal materials,

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imposing other restrictions limiting plaintiff’s access to the courts (limitations on typing, copying

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and mailing), failing to process plaintiff’s grievances, and inciting violence against plaintiff by

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other inmates. These matters are not presently relevant. When an inmate is no longer subject to

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the conditions challenged in a motion for injunctive relief, his claims for relief become moot. See

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Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th

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Cir. 1995). Accordingly, plaintiff’s motions should be denied as moot.
Finally, the Local Rules provide that “[i]f mail directed to a plaintiff in propria persona by the

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Clerk is returned by the U.S. Postal Service, and if such plaintiff fails to notify the Court and

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opposing parties within sixty-three (63) days thereafter of a current address, the Court may dismiss

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the action without prejudice for failure to prosecute.” Local Rule 183(b). The court’s order was

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returned by the U.S. Postal Service on March 21, 2014. (See Docket Entry dated March 21, 2014.)

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Sixty-three days thereafter is Friday, May 23, 2014. Plaintiff is hereby informed that failure to file a

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notice of change of address by May 23, 2014, shall result in the dismissal of this action without

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prejudice.

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Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions for a temporary restraining order (ECF Nos. 13, 14), are denied as

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moot.

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2. Plaintiff shall file a notice of change of address on or before May 23, 2014.

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3. Should plaintiff timely file a notice of change of address, the court will then screen

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plaintiff’s First Amended Complaint and supplement (ECF Nos. 11, 12), pursuant to 28 U.S.C. §

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1915A.

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4. Failure of plaintiff to file a notice of change of address by May 23, 2014, shall result in the

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dismissal of this action without prejudice.

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5. The Clerk of Court shall serve a copy of this order on plaintiff at his address of record.

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SO ORDERED.

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Dated: April 3, 2014

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/arceo2396.tro.deny

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