Spearman v. Moore et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 12/16/2016 ORDERING, if plaintiff files a notice of change of address by 1/31/2017, defendant Standig must (i) re-serve the 18 motion to dismiss on plaintiff at his address of record and (ii) fi le an amended certificate of service, within 7 days of the filing of the notice of change of address. If plaintiff has not filed a notice of change of address by 1/31/2017, the undersigned will recommend dismissal of the case for failure to prosecute.(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RUSSELL SPEARMAN,
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No. 2:15-cv-0936 JAM AC P
Plaintiff,
v.
ORDER
D. MOORE, et al.,
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Defendants.
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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to
42 U.S.C. § 1983.
On November 29, 2016, defendant Standig filed a motion to dismiss the claims against
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her. ECF No. 18. According to the attached certificate of service, the motion was served on
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plaintiff at High Desert State Prison. ECF No. 18-3. Plaintiff has not been in custody since at
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least May 22, 2015. ECF No. 4. However, court records also show that on November 29, 2016, a
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recent notification from the court, which was served on plaintiff’s address of record, was returned
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by the postal service. It appears that plaintiff has 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.
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Accordingly, IT IS HEREBY ORDERED that:
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1. If plaintiff files a notice of change of address by January 31, 2017, defendant Standig
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must (i) re-serve the motion to dismiss on plaintiff at his address of record and (ii)file an amended
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certificate of service, within seven days of the filing of the notice of change of address.
2. If plaintiff has not filed a notice of change of address by January 31, 2017, the
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undersigned will recommend dismissal of the case for failure to prosecute. See L.R. 183(b).
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DATED: December 16, 2016
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