Jenkins v. Beard

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 6/1/2015 DIRECTING the Clerk to send plaintiff, together with this order, a copy of the 5/6/2015 court order; the Clerk shall again include a blank ifp application and a blank civil rights complain t; the Clerk shall send these documents to plaintiff at CMF, but retain plaintiff's current address of record on the docket pending a Notice of Change of Address filed by plaintiff; plaintiff is again DIRECTED to file, within 21 days, a newly and fully completed ifp application, an amended complaint and a notice of change of address, if applicable.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LOUIS JENKINS,

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Plaintiff,

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No. 2:14-cv-2447 AC P

v.

ORDER

JEFFREY BEARD,

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Defendant.

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An order filed by this court on May 6, 2015, ECF No. 8, was served on plaintiff at his

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address of record, the Sierra Conservation Center. However, the order was returned as

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undeliverable. Although plaintiff has not filed a Notice of Change of Address, as required by the

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Local Rules,1 review of the Inmate Locator website operated by the California Department of

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Corrections and Rehabilitation (CDCR) indicates that plaintiff is now incarcerated at the

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California Medical Facility (CMF).2

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See Local Rule 182(f) (pro se party is “under a continuing duty to notify the Clerk and all other
parties of any change of address,” and “[a]bsent such notice, service of documents at the prior
address of the . . . pro se party shall be fully effective.”); see also Local Rule 183(b) (“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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See http://inmatelocator.cdcr.ca.gov/. This Court may take judicial notice of facts that are
(continued…)
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to send plaintiff, together with a copy of this order, a

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copy of the court’s order filed May 6, 2015, ECF No. 8; the Clerk of Court shall again include

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a blank application to proceed in forma pauperis by a prisoner, and a blank civil rights complaint

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by a prisoner.

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2. The Clerk of Court is directed to send these documents to plaintiff at the California

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Medical Facility, but retain plaintiff’s current address of record on the docket pending a Notice of

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Change of Address filed by plaintiff.

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3. Plaintiff is again directed to file, within twenty-one days after the filing date of this
order, the following:

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a. A new and fully completed application to proceed in forma pauperis;

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b. An amended complaint that bears the docket number assigned this case, is labeled

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“Amended Complaint,” and complies with the pleading requirements of the Federal Rules of

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Civil Procedure; and

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c. A Notice of Change of Address, if applicable.

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4. Plaintiff’s failure to timely file a new application to proceed in forma pauperis and/or

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an amended complaint that states a cognizable civil rights claim and/or a Notice of Change of

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Address (if applicable), will result in a recommendation that this action be dismissed without

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prejudice.

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DATED: June 1, 2015

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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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