Sharma v. Johnson et al

Filing 11

ORDER signed by Magistrate Judge Dale A. Drozd on 1/6/2015 DISMISSING this action without prejudice due to plaintiff's failure to prosecute. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIN SHARMA, 12 13 14 15 No. 2:13-cv-2398 DAD P Plaintiff, v. ORDER DEBORAH K. JOHNSON, et al, Defendants. 16 17 Plaintiff is a federal inmate serving a life sentence imposed by the U.S. District Court for 18 the Middle District of Florida following plaintiff’s conviction on two counts of criminal civil 19 rights violations in connection with the death of Richard Delano. See United States v. Sharma, 20 No. 6:09-cr-0001-PCF-GRJ-1 (M.D. Fla.). In October 2013, plaintiff filed a civil action in the 21 Middle District of Florida, using that court’s Civil Rights Complaint Form. (Doc. No. 1.) The 22 district judge assigned to that civil action transferred it to this court on November 15, 2013. 23 (Doc. No. 2.) This court’s docket lists the Central California Women’s Facility (CCW) in 24 Chowchilla as plaintiff’s current place of incarceration. Plaintiff has consented to magistrate 25 judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c). 26 On September 19, 2014, the court dismissed plaintiff’s first amended complaint and 27 granted her the option of filing a second amended complaint within thirty days or a notice of 28 voluntary dismissal under Federal Rule of Civil Procedure 41(a). The court apprised plaintiff that 1 1 “[f]ailure to comply with this order in a timely manner will result in an order dismissing this 2 action.” (Doc. No. 10 at 5.) More than thirty days have passed, but plaintiff has not 3 communicated further with this court. 4 The court served its order of September 19, 2014, on plaintiff’s address of record, but the 5 order was returned as undeliverable by the postal service on October 27, 2014. As noted above, 6 plaintiff has not communicated with this court in any way following the September 19, 2014 7 order. It thus appears that plaintiff has also failed to comply with Local Rule 183(b), which 8 requires that a party appearing in propria persona inform the court of any address change within 9 sixty-three days after the postal service returns mail as undeliverable at the address of record. 10 Local Rule 183(b) provides that failure to provide a current address within that time may result in 11 dismissal for failure to prosecute. For the foregoing reasons, this action will be dismissed. 12 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice 13 due to plaintiff’s failure to prosecute. See Local Rule 183(b); Fed.R.Civ.P. 41(b). 14 Dated: January 6, 2015 15 16 17 18 hm shar2398.fta.nca 19 20 21 22 23 24 25 26 27 28 2

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