Long et al v. City of Pittsburg et al

Filing 25

ORDER TO SHOW CAUSE. Show Cause Response due by 11/14/2018. Signed by Judge Kandis A. Westmore on 10/24/2018. (kawlc2S, COURT STAFF) (Filed on 10/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY V. LONG, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 18-cv-03694-KAW
ORDER TO SHOW CAUSE

v.
CITY OF PITTSBURG, et al.,
Defendants.

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On June 20, 2018, Plaintiff Timothy V. Long filed the instant case, which appeared to

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challenge the settlement in Case No. 18-cv-3694-KAW, Bengard v. City of Pittsburg California.

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(See Dkt. No. 1 at 4.) Plaintiff also filed a motion to reopen the Bengard case, as well as an

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application for leave to proceed in forma pauperis ("IFP application"). (Dkt. Nos. 2, 4.)

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On June 25, 2018, the then-presiding judge denied without prejudice Plaintiff's IFP

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application, and ordered Plaintiff to file an amended application or to pay the $400 filing fee by

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July 9, 2018. (Dkt. No. 5.) On July 1, 2018, the then-presiding judge also terminated Plaintiff's

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motion to reopen the Bengard case in light of the status of the IFP application. (Dkt. No. 6.) The

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July 1, 2018 order was returned to the court as undeliverable. (Dkt. No. 8.)

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Plaintiff did not file the amended IFP application or pay the filing fee. On July 24, 2018,

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the then-presiding judge issued an order extending the deadline to August 23, 2018, and advised

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Plaintiff that he could file a motion to reopen the Bengard case in the Bengard action (which

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would not require a filing fee). (Dkt. No. 10.) A clerk's notice regarding consent or declination

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was also issued on July 25, 2018 and August 10, 2018; the August 10, 2018 clerk's notice was

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later returned as undeliverable. (Dkt. Nos. 11-14.)

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Plaintiff again failed to file the amended IFP application or pay the filing fee. On August

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30, 2018, the then-presiding judge extended the deadline to September 20, 2018, and warned

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Plaintiff that failure to file the amended IFP application or pay the filing fee could result in the

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case being closed without prejudice. (Dkt. No. 16.) On September 24, 2018, the instant case was

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related to the Bengard case, and the case was reassigned to the undersigned.

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As of the date of this order, Plaintiff has failed to file the amended IFP application or pay

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the filing fee. Additionally, three of the Court's orders -- the July 1, 2018 order terminating the

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motion to reopen the Bengard case, the August 10, 2018 clerk's notice regarding consent or

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declination, and the September 25, 2018 order reassigning the case to the undersigned -- were also

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returned as undeliverable. The Court notes that it is the duty of "a party proceeding pro se whose
address changes while an action is pending [to] promptly file with the Court and serve upon all

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United States District Court
Northern District of California

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opposing parties a Notice of Change of Address specifying the new address." (Local Rule 3-

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11(a).) The Court may dismiss a complaint when mail directed to a pro se party by the Court is

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returned to the Court as undeliverable, and "[t]he Court fails to receive within 60 days of this

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return a written communication from the . . . pro se party indicating a current address." (Civil

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Local Rule 3-11(b).) The July 1, 2018 order was returned to the Court as undeliverable on July

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16, 2018 and the August 10, 2018 clerk's notice was returned on August 23, 2018; no updated

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address has been received since.

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Accordingly, the Court ORDERS Plaintiff to show cause, by November 14, 2018, by: (1)

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filing the amended IFP application or paying the filing fee, (2) providing the Court with Plaintiff's

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current address, and (3) explaining why Plaintiff has repeatedly failed to comply with the Court's

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orders. Failure to timely respond will result in the Court reassigning this case to a district judge

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and recommending that the case be dismissed.

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IT IS SO ORDERED.
Dated: October 24, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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