Johnson v. Chanan et al

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 1/26/2017 DENYING plaintiff's 11 request to re-open the case. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACKIE M. JOHNSON,

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No. 2:15-cv-1606 AC P

Plaintiff,
v.

ORDER

S. CHANAN, et al.,
Defendants.

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By order filed September 13, 2016, the complaint in this case was dismissed with leave to

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amend. ECF No. 7. That order was returned to the court by the postal service as undeliverable at

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plaintiff’s address of record. After plaintiff failed to update his address, by order filed December

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13, 2016, this action was dismissed without prejudice for failure to prosecute. ECF No. 8. On

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December 19, 2016, plaintiff filed a change of address (ECF No. 10), and on January 6, 2017, he

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filed a document which he captions as an amended complaint, but is in fact a request to re-open

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the case (ECF No. 11).

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Plaintiff states that at the beginning of August he was removed from Mariposa House,

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where he was previously living, due to an argument he had with the staff there. ECF No. 11 at 2.

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However, he fails to explain why he waited over four months to notify this court of his change of

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address even though he notified other courts and agencies shortly after his address changed. Id. at

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2-3. Plaintiff had ample time to notify the court of his change in address prior to the dismissal of
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this action and offers no explanation for his lack of diligence. If plaintiff wishes to continue

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attempting to pursue his claims, he may initiate a new case, but this action shall remain closed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to re-open the case (ECF

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No. 11) is denied.

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DATED: January 26, 2017

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