Forney v. State of California et al

Filing 29

ORDER by Judge Lucy H. Koh granting 27 Motion to Strike; DIRECTING PLAINTIFF TO COMPLY WITH COURT ORDER OR FACE DISMISSAL FOR FAILURE TO PROSECUTE (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 4/9/2012) Modified on 4/10/2012 (mpb, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEROLD DESMOND FORNEY,

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Plaintiff,
v.
CTF DR. TRENT, et al.,
Defendants.

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No. C 11-2841 LHK (PR)
ORDER GRANTING
DEFENDANTS’ MOTION TO
STRIKE; DIRECTING
PLAINTIFF TO COMPLY WITH
COURT ORDER OR FACE
DISMISSAL FOR FAILURE TO
PROSECUTE

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Plaintiff, a California state prisoner proceeding pro se, filed an amended civil rights

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complaint pursuant to 42 U.S.C. § 1983. On October 21, 2011, the Court served the amended

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complaint on named Defendants. On January 20, 2012, counsel for Defendants made her

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appearance, and filed an answer.

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On February 13, 2012, inmate Laurince O’Sheigh Simpson filed an ex parte request,

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purportedly on behalf of Plaintiff. In his request, Simpson states that he is the designated

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“document drafter” for Plaintiff, and he requests that the Court acknowledge him as such, and

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provide him with future copies of case-related documents in the underlying case. Defendants file

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a motion to strike the ex parte request, arguing that it should be stricken because Simpson is not

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a party to the case, nor is he an attorney. Further, they argue, Simpson has no legitimate basis to

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prosecute this action on behalf of Plaintiff. The Court agrees with Defendants. Mr. Simpson,

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who is not an attorney licensed to practice in the State of California, is not permitted to appear

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on Plaintiff’s behalf in any proceeding in this Court. Plaintiff must either appear pro se, or must

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Order Granting Defendants’ Motion to Strike; Directing Plaintiff to Complaint with Court Order or Face Dismissal
for Failure to Prosecute
P:\pro-se\sj.lhk\cr.11\Forney841srvac

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be represented by a licensed attorney who is a member of the bar of this Court or is admitted to

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practice pro hac vice. See Civil L.R. 3-9(a). Accordingly, Defendants’ motion to strike Mr.

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Simpson’s ex parte request is GRANTED. The Clerk shall strike docket number 26.

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In addition, Defendants have informed the Court that Plaintiff was paroled as of

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November 27, 2011. (Decl. Gruenberg at ¶ 4.) Plaintiff, however, has not notified the Court of

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this. Pursuant to the Civil Local Rules of this district, “a party proceeding pro se whose address

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changes while an action is pending must promptly file with the Court and serve upon all

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opposing parties a Notice of Change of Address specifying the new address.” See Civ. L. R. 3-

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11(a). Additionally, in its Order of Service, issued in this matter on October 21, 2011, the Court

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informed Plaintiff of his continuing obligation to prosecute, and warned him that he must keep

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the Court and all parties informed of any change of address, and must comply with the Court’s

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orders in a timely fashion, or face dismissal pursuant to Federal Rule of Civil Procedure 41(b).

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As it appears that Plaintiff has not kept the Court informed of his current address, the

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instant action is subject to dismissal for failure to prosecute. Accordingly, the Court hereby

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orders as follows:

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Within twenty days of the date this order is filed, Plaintiff shall notify the Court of his

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current address and whether he intends to proceed with the prosecution of this action. If Plaintiff

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fails to do so, the action will be dismissed for failure to prosecute, based on Plaintiff’s failure to

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comply with the Court’s orders.

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The Clerk shall mail a copy of this order to Plaintiff at his most recent address of record
at Central Training Facility - North.
This order terminates docket numbers 26 and 27.
IT IS SO ORDERED.
4/9/12
DATED:
LUCY H. KOH
United States District Judge

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Order Granting Defendants’ Motion to Strike; Directing Plaintiff to Complaint with Court Order or Face Dismissal
for Failure to Prosecute
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P:\pro-se\sj.lhk\cr.11\Forney841srvac