Dean v. Rausser

Filing 8

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/12/2017 ORDERING The Clerk of the Court shall reserve 5 , 6 Orders, together with this Order by mailing them to plaintiff's newly recorded address; Plaintiff shall have 30 days from the date of this Order to comply with the terms 5 by filing an amended complaint if he is able to meet the requirements of that Order or, if appropriate, to dismiss his complaint. The 6 Findings and Recommendations are VACATED.(Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEAN,

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No. 2:17-cv-01361-KJM-GGH

Plaintiff,
v.

ORDER

ROMELDA RAUSSER,
Defendant.

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Plaintiff sues in pro se. On July 12, 2017 this court issued an Order granting plaintiff’s

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motion to proceed in forma pauperis, and dismissing plaintiff’s complaint with 45 days leave to

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amend in conformity with the court’s order. ECF No. 5. On July 19, 2017 the Order, which had

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been mailed to plaintiff at the address filed with the court was returned as undeliverable. As a

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consequence, on September 20, 2017, the court issued Findings and Recommendations that the

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matter be dismissed for failure to prosecute insofar as plaintiff had provided no new address and

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therefore was in violation of Eastern District of California Local Rule No. 183(b) which requires

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that pro se litigants inform the court of any address change and permits dismissal if more than

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sixty-three days pass without an update from plaintiff. ECF No. 6.

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On September 26 2017 the court recorded a change of address that had been filed by

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plaintiff. ECF No. 7. The court now believes that plaintiff may never have received the two

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orders recounted above.
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In light of the foregoing, and good cause appearing therefor, IT IS HEREBY ORDERED
that:
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The Clerk of the Court shall reserve the two orders recounted above, ECF Nos. 5

and 6, together with this Order by mailing them to plaintiff’s newly recorded address;
2.

Plaintiff shall have 30 days from the date of this Order to comply with the terms of

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ECF No. 5 by filing an amended complaint if he is able to meet the requirements of that Order or,

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if appropriate, to dismiss his complaint.

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3.

Plaintiff is warned that failure to comply with the terms of this Order will result in

the immediate dismissal of his complaint.

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4.

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IT IS SO ORDERED.

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The Findings and Recommendations, ECF No. 6 are vacated.

Dated: October 12, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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