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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIN SHARMA,

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No. 2:13-cv-2398 DAD P
Plaintiff,

v.

ORDER

DEBORAH K. JOHNSON, et al,
Defendants.

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Plaintiff is a federal inmate serving a life sentence imposed by the U.S. District Court for

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the Middle District of Florida following plaintiff’s conviction on two counts of criminal civil

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rights violations in connection with the death of Richard Delano. See United States v. Sharma,

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No. 6:09-cr-0001-PCF-GRJ-1 (M.D. Fla.). In October 2013, plaintiff filed a civil action in the

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Middle District of Florida, using that court’s Civil Rights Complaint Form. (Doc. No. 1.) The

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district judge assigned to that civil action transferred it to this court on November 15, 2013.

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(Doc. No. 2.) This court’s docket lists the Central California Women’s Facility (CCW) in

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Chowchilla as plaintiff’s current place of incarceration. Plaintiff has consented to magistrate

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judge jurisdiction over this action pursuant to 28 U.S.C. § 636(c).

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On September 19, 2014, the court dismissed plaintiff’s first amended complaint and

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granted her the option of filing a second amended complaint within thirty days or a notice of

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voluntary dismissal under Federal Rule of Civil Procedure 41(a). The court apprised plaintiff that
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“[f]ailure to comply with this order in a timely manner will result in an order dismissing this

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action.” (Doc. No. 10 at 5.) More than thirty days have passed, but plaintiff has not

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communicated further with this court.

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The court served its order of September 19, 2014, on plaintiff’s address of record, but the

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order was returned as undeliverable by the postal service on October 27, 2014. As noted above,

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plaintiff has not communicated with this court in any way following the September 19, 2014

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order. It thus appears that plaintiff has also failed to comply with Local Rule 183(b), which

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requires that a party appearing in propria persona inform the court of any address change within

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sixty-three days after the postal service returns mail as undeliverable at the address of record.

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Local Rule 183(b) provides that failure to provide a current address within that time may result in

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dismissal for failure to prosecute. For the foregoing reasons, this action will be dismissed.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice

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due to plaintiff’s failure to prosecute. See Local Rule 183(b); Fed.R.Civ.P. 41(b).

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Dated: January 6, 2015

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hm
shar2398.fta.nca

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