Marshall v. Unknown

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 6/20/2018 ORDERING the Clerk shall verify and accurately indicate on the docket plaintiff's current address. The Clerk shall send plaintiff, together with this order, one copy of the following: (a) plaintiff's original complaint 1 ; (b) the court's screening order 4 ; and (c) a blank form complaint form to pursue a civil rights action. Plaintiff may file a proposed First Amended Complaint, within 30 days. Failure of plaintiff to timely file a proposed First Amended Complaint will result in a recommendation that this action be dismissed without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAEWEATHER MARSHALL,
aka MAYWEATHER MARSHALL,1

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Plaintiff,

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No. 2:17-cv-1650 AC P

ORDER

v.

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UNKNOWN,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se with this action filed pursuant 42 U.S.C. §

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1983. Plaintiff has consented to the jurisdiction of the undersigned Magistrate Judge for all

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purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See ECF No. 7.

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By order filed September 8, 2017, this court granted plaintiff’s request to proceed in

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forma pauperis but dismissed plaintiff’s original complaint with leave to file a proposed First

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Amended Complaint within thirty days. See ECF No. 4. The court informed plaintiff of the

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deficiencies in his original complaint and the requirements for stating potentially cognizable

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claims in an amended complaint. Id. Plaintiff was informed that failure to timely file an

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The first spelling of plaintiff’s name reflects the spelling in plaintiff’s own documents filed in
this case; the second spelling is used by the California Department of Corrections and
Rehabilitation (CDCR).

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amended complaint would result in the dismissal of this action without prejudice. Id. at 6.

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By order filed September 26, 2017, the court granted plaintiff’s request for extended time

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to comply with the court’s September 8, 2017 order; the deadline was extended to thirty days

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after service of the September 26, 2017 order. See ECF No. 9.

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Thereafter, on December 27, 2017, plaintiff filed a notice of change of address (indicating

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that he was located at either Salinas Valley State Prison or San Quentin State Prison) but did not

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otherwise respond to the court’s order. See ECF No. 10. CDCR’s Inmate Locator website

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indicates that plaintiff is presently incarcerated at California State Prison Corcoran (CSP-COR).2

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In an abundance of caution, before recommending dismissal of this case for failure to comply

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with the court’s order, the court will direct the Clerk of Court to re-serve the essential documents

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in this case to plaintiff at his current address.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to verify and accurately indicate on the docket plaintiff’s

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current address.

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

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order, one copy each of the following: (a) plaintiff’s original complaint (ECF No. 1 (8 pp.)); (b)

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the court’s screening order filed September 8, 2017 (ECF No. 4 (6 pp.)); and (c) a blank form

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complaint used by prisoners in this district to pursue a civil rights action under 42 U.S.C. § 1983.

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3. If plaintiff intends to proceed with this case, he shall file a proposed First Amended
Complaint, on the form provided herein, within thirty (30) days after the filing date of this order.

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4. Failure of plaintiff to timely file a proposed First Amended Complaint will result in a
recommendation that this action be dismissed without prejudice.

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IT IS SO ORDERED.
DATED: June 20, 2018

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See http://inmatelocator.cdcr.ca.gov/search.aspx. See also 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).
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