Pennebaker v. Sacramento County Sheriff, et al.

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 3/3/2015 DISMISSING this action without prejudice pursuant to Fed. R. Civ. P. 41(b); and the Clerk shall close this case. 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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SCOTT MARSHALL PENNEBAKER,

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Plaintiff,

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No. 2:14-cv-2147 AC P

v.

ORDER

SACRAMENTO COUNTY SHERIFF, et
al.,
Defendants.

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Plaintiff, a former inmate at the Sacramento County Jail, commenced this action on

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September 16, 2014, by filing a civil rights complaint under 42 U.S.C. § 1983, together with a

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request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. On September 25,

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2014, plaintiff filed a notice of change of address,1 ECF No. 5, and consented to the jurisdiction

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of the undersigned United States Magistrate Judge for all purposes,2 ECF No. 6.

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On January 20, 2015, this court granted plaintiff’s request to proceed in forma pauperis

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and dismissed plaintiff’s complaint with leave to file an amended complaint within thirty days.

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ECF No. 7. Plaintiff was informed that failure to file an amended complaint would result in the

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dismissal of this action. Id. at 6. The court’s order was served on plaintiff at his address of

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The change of address indicates that plaintiff is no longer incarcerated.
See 28 U.S.C. § 636(c); Local Rule 305(a).
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record. Pursuant to Local Rule 182(f), service of documents at a party’s record address is fully

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effective.

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More than thirty days have passed since the filing of the court’s order. Plaintiff has not

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filed an amended complaint, submitted a further notice of change of address, or otherwise

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communicated with the court; it appears that plaintiff has abandoned this case.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that this action is

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dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of

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Court is directed to close this case.

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DATED: March 3, 2015

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