Crawford v. San Diego City Community College et al

Filing 6

ORDER Extending Deadline to Amend; and Order Directing Clerk to Resent Notice to Plaintiff. The Court sua sponte grants an extension of time for Crawford to file his amended complaint. He must file an amended complaint as ordered, no later th an 9/5/2018. The Clerk is directed to mail Crawford a copy of the Court's July 31 order as well as a copy of this order to Crawford at the two other addresses he provided: P.O. Box 2903, La Jolla, CA 92037 and P.O. Box 2901, La Jolla, CA 92037. Signed by Judge Larry Alan Burns on 8/21/2018.(All non-registered users served via U.S. Mail Service) (Copies of this order and Dkt. 4 sent by U.S. Mail to Plaintiff as the two addresses in this order.)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOE DEAN CRAWFORD,

CASE NO. 18cv0831
Plaintiff,

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vs.

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SAN DIEGO CITY COMMUNITY
COLLEGE, et al.,

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ORDER EXTENDING DEADLINE TO
AMEND; AND
ORDER DIRECTING CLERK TO
RESEND NOTICE TO PLAINTIFF

Defendants.

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On July 31, the Court granted Plaintiff Joe Dean Crawford’s motion to proceed in

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forma pauperis, then screened and dismissed his complaint without prejudice. Crawford

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was ordered, if he believed he could successfully amend his complaint, to do so by August

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17, 2018. If he did not do so, or if his amended complaint did not state a claim, he was

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cautioned that this action was subject to dismissal without further notice to him.p

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On August 14, the mailed notice of the Court’s July 31 order was returned as
undeliverable.

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A review of the docket shows Crawford used several different addresses. An exhibit

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attached to his complaint gives his address as 1140 Wall Street, Unit 2903 in La Jolla, and

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that is the address the Clerk’s office used to notify him. But other documents he filed show

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that this is not an apartment complex; rather, it is a box in the La Jolla post office. (See

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Docket no. 1 at 5.) As such, his mail probably should have been addressed to P.O. Box

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2903, La Jolla, CA 92037. His motion to appoint counsel is almost the same, but gives a

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P.O. Box 2901. (See Docket no. 3 at 2.)

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In the interest of deciding this case on the merits if possible, the Court sua sponte

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grants an extension of time for Crawford to file his amended complaint. He must file an

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amended complaint as ordered, no later than Wednesday, September 5, 2018. The

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amended complaint must actually be received and docketed by that date, not merely mailed

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or postmarked. If Crawford fails to file an amended complaint within the time permitted, or

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if his amended complaint fails to state a claim, this action may be dismissed without further

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notice to him.

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Crawford is directed to review Civil Local Rule 83.11(b), which requires that he

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provide the Court with his current address, and warns him of the consequences of failing to

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do so.

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The Clerk is directed to mail Crawford a copy of the Court’s July 31 order as well as

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a copy of this order to Crawford at the two other addresses he provided: P.O. Box 2903, La

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Jolla, CA 92037 and P.O. Box 2901, La Jolla, CA 92037.

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IT IS SO ORDERED.
Dated: August 21, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge

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