Ramirez v. Price, et al

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 4/17/15 ORDERING that within 30 days of the filing of this order, plaintiff must file a notice of change of address. Within 30 days of the filing of this order, plaintiff must either pay the fil ing fee in full or submit a non-prisoner application to proceed in forma pauperis. The Clerk of the Court is directed to serve a copy of this order and a blank in forma pauperis application used by non-prisoners on plaintiff at both his address of record and the anticipated address previously provided by plaintiff, specifically 912 Multnomah Drive, Modesto CA 95350.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN A. RAMIREZ,

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No. 2:14-cv-03013 TLN AC P

Plaintiff,

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v.

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P. PRICE, et al.,

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ORDER

Defendants.

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On December 25, 2014, plaintiff filed a notice of change of address with the court in

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which he anticipated being released from custody on January 20, 2015. ECF No. 4. On January

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15, 2015, the court issued two orders which were sent to both plaintiff’s address of record and his

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anticipated new address. ECF Nos. 8, 9. Plaintiff was reminded that he must file a formal change

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of address upon release from prison. ECF No. 9, fn. 1.
The January 15, 2015 orders mailed to plaintiff’s address of record have been returned by

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the postal service, and the Inmate Locator website operated by the California Department of

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Corrections and Rehabilitation (CDCR) indicates that plaintiff is no longer incarcerated.1 See

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http://inmatelocator.cdcr.ca.gov/search.aspx. It appears that plaintiff has been released from

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See Fed. R. Evid. 201 (court may take judicial notice of facts that are capable of accurate
determination by sources whose accuracy cannot reasonably be questioned); 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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prison, but he has yet to file a formal change of address.
At the time plaintiff was apparently released from prison, he had a pending application to

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proceed in forma pauperis. ECF No. 3. Because plaintiff has been released and he has not paid

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the filing fee, within thirty days from the filing date of this order he must either pay the filing fee

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in full or submit a non-prisoner application to proceed in forma pauperis, which the Clerk will be

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directed to provide. Failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days of the filing of this order, plaintiff must file a notice of change of

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address.
2. Within thirty days of the filing of this order, plaintiff must either pay the filing fee in
full or submit a non-prisoner application to proceed in forma pauperis.
3. The Clerk of the Court is directed to serve a copy of this order and a blank in forma

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pauperis application used by non-prisoners on plaintiff at both his address of record and the

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anticipated address previously provided by plaintiff, specifically 912 Multnomah Drive, Modesto

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CA 95350.

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4. Failure to comply with this order will result in a recommendation that this action be

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dismissed without prejudice.

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DATED: April 17, 2015

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