Jones v. Vivas et al

Filing 9

ORDER REOPENING CASE and RE-INSTALLING ORDER TO SHOW CAUSE. Signed by Judge Thelton E. Henderson on 11/19/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 11/20/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 United States District Court For the Northern District of California 11 12 13 ORDER RE-OPENING CASE AND REINSTATING ORDER TO SHOW CAUSE Plaintiff, 14 15 No. C-12-3062 TEH (PR) MONROE JONES, v. DOCTOR VIVAS, et al., 16 Defendants. 17 18 / 19 On November 6, 2012, this civil rights action was 20 21 22 23 24 25 26 27 28 dismissed under Civil Local Rule 3-11(b) because sixty days had passed since the Court’s mail to Plaintiff had been returned as undeliverable and the Court had not received a written communication from him indicating a current address. The mail that was returned as undeliverable was an Order to Show Cause that was filed on August 9, 2012. On November 14, 2012, Plaintiff filed an “objection” to the dismissal order, asking that his case be re-opened and the Order 1 to Show cause be re-instated. 2 complaint in April 2012, he was housed in the San Francisco County 3 Jail, but he was released on October 22, 2012. 4 address is now: Monroe Jones; General Delivery; San Francisco, 5 California, 94142. 6 address on Plaintiff’s envelop still indicates that he is at the San 7 Francisco County Jail. 8 9 10 He states that, when he filed his He states that his The Court notes, however, that the return Now that Plaintiff has informed the Court of his new address, in the interests of justice, the Court orders that his case be re-opened and the Order to Show Cause be reinstated. 11 The Clerk of the Court shall send a copy of the Order to 12 Show Cause with this Order to Plaintiff at his new address cited 13 above and, in an abundance of caution, at his address at the San 14 Francisco County Jail. 15 of this Order to respond to the Order to Show Cause to show why in 16 forma pauperis status should not be denied and this action should 17 not be dismissed pursuant to 28 U.S.C. § 1915(g). 18 Plaintiff responds to the Order to Show Cause, he shall inform the 19 Court of his correct address. 20 Plaintiff has thirty (30) days from the date At the same time IT IS SO ORDERED. 21 22 23 DATED 11/19/2012 THELTON E. HENDERSON United States District Judge 24 25 26 27 28 G:\PRO-SE\TEH\CR.12\Jones 12-3062-Reopen Case.wpd 2

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