Rice v. Wagner et al

Filing 4

ORDER DIRECTING PLAINTIFF TO FILE A NOTICE OF INTENT TO PROSECUTE AND TO PROVIDE COURT WITH CURRENT ADDRESS; DIRECTING PLAINTIFF TO FILE IN FORMA PAUPERIUS APPLICATION OR PAY THE FILING FEE. Deadline for Notice of Intent to Prosecute or Provide Current Address, IFP Form due by 5/6/2013. Signed by Judge Edward J. Davila on 4/5/2013. (Attachments: # 1 Form Habeas IFP Application)(ecg, COURT STAFF) (Filed on 4/8/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROYLAND RICE,
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Plaintiff,
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v.
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RYAN WAGNER, et al.,

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Defendants.
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No. C 11-06295 EJD (PR)
ORDER DIRECTING PLAINTIFF TO
FILE A NOTICE OF INTENT TO
PROSECUTE AND TO PROVIDE
COURT WITH CURRENT ADDRESS;
DIRECTING PLAINTIFF TO FILE IN
FORMA PAUPERIS APPLICATION
OR PAY FILING FEE

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Plaintiff filed the instant pro se civil rights action complaint under 42 U.S.C. §

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1983. Plaintiff’s last communication with the Court was on December 6, 2011, when he

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filed the instant action. The Court notes that Plaintiff did not pay the filing fee or file an

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In Forma Pauperis (“IFP”) Application.

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Pursuant to Federal Rule of Civil Procedure 41(b), a district court may sua sponte

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dismiss an action for failure to prosecute or to comply with a court order. See Link v.

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Wabash R.R., 370 U.S. 626, 633 (1962); McKeever v. Block, 932, F.2d 795, 797 (9th Cir.

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1991). But such dismissal should only be ordered when the failure to comply is

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unreasonable. See id. A court should afford the litigant prior notice of its intention to

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dismiss. See Malone v. United States Postal Serv., 833 F.2d 128, 133 (9th Cir. 1987).

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Furthermore, pursuant to Northern District Local Rule 3-11, a party proceeding pro se
Order Directing P to file Notice of Intent to Prosecute; IFP App Due
G:\PRO-SE\SJ.EJD\CR.11\06295Rice_41(b)notice.wpd

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whose address changes while an action is pending must promptly file and serve upon all

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opposing parties a notice of change of address specifying the new address. See L.R. 3-

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11(a).

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Plaintiff has not communicated with the Court since filing the instant action.

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Proceeding forward by requiring defendants to file an answer or a dispositive motion is

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fruitless if Plaintiff cannot be located by the Court. In the interests of justice and judicial

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efficiency, the Court will not proceed with this action until Plaintiff informs the Court of

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his continued intent to prosecute this action. Accordingly, no later than thirty (30) days

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from the date of this order, Plaintiff shall file with the Court a notice of his continued

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intent to prosecute this action and his current address. Should Plaintiff fail to file such

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notice in the time provided, the complaint will be dismissed without prejudice for failure

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to prosecute. See Fed. R. Civ. P. 41(b).

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Furthermore, Plaintiff must either pay the full filing fee or file an IFP Application

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to proceed with this action. Plaintiff shall submit a complete IFP application no later

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than thirty (30) days from the date this order is filed. Failure to file an IFP application,

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or pay the full filing fee, in the time provided will result in the dismissal without

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prejudice of this action without further notice to Plaintiff.

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The Clerk shall include a copy of the court’s IFP Application with a copy of this
order to Plaintiff.

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DATED:

4/5/2013

EDWARD J. DAVILA
United States District Judge

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Order Directing P to file Notice of Intent to Prosecute; IFP App Due
06295Rice_41(b)notice.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROYLAND RICE,

Case Number: CV11-06295 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
RYAN WAGNER, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
4/8/2013
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Royland Rice UEQ - 820
The Glenn E. Dyer Detention Facility
550 - 6th Street
Oakland, CA 94607
Dated:

4/8/2013
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk