Moon v. Fischer et al

Filing 82

ORDER AND ENTRY: (1) DIRECTING THE CLERK OF COURTS TO UPDATE PRO SE PLAINTIFFS ADDRESS OF RECORD IN THIS CASE; (2) DIRECTING THE CLERK OF COURTS TO SERVE PRO SE PLAINTIFF WITH A COPY OF THE DOCKET SHEET AND ALL DOCUMENTS FILED SINCE JUNE 28, 2017; (3) ORDERING PRO SE PLAINTIFF FILE AN AMENDED COMPLAINT WITHIN 21 DAYS FROM THE ENTRY OF THIS ORDER; (4) ORDERING PRO SE PLAINTIFF TO SHOW CAUSE AS TO WHY THIS CASE SHOULD NOT BE STAYED PENDING THE CONCLUSION OF CRIMINAL PROCEEDINGS IN THE EASTER N DISTRICT OF MISSOURI; (5) VACATING THE COURTS JULY 17, 2017 ORDER TO SHOW CAUSE (DOC. 79 ); AND (6) ADVISING PLAINTIFF OF HIS RESPONSIBILITY TO PROMPTLY ADVISE THE COURT AND OPPOSING COUNSEL OF CHANGES TO HIS ADDRESS OF RECORD. Amended Pleadings due by 9/6/2017. Signed by Magistrate Judge Michael J. Newman on 8/16/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DARNELL WESLY MOON,
Plaintiff,

Case No. 3:15-cv-274

vs.
SHERIFF GENE FISCHER, et al.,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendants.
______________________________________________________________________________
ORDER AND ENTRY: (1) DIRECTING THE CLERK OF COURTS TO UPDATE PRO
SE PLAINTIFF’S ADDRESS OF RECORD IN THIS CASE; (2) DIRECTING THE
CLERK OF COURTS TO SERVE PRO SE PLAINTIFF WITH A COPY OF THE
DOCKET SHEET AND ALL DOCUMENTS FILED SINCE JUNE 28, 2017; (3)
ORDERING PRO SE PLAINTIFF FILE AN AMENDED COMPLAINT WITHIN 21
DAYS FROM THE ENTRY OF THIS ORDER; (4) ORDERING PRO SE PLAINTIFF TO
SHOW CAUSE AS TO WHY THIS CASE SHOULD NOT BE STAYED PENDING THE
CONCLUSION OF CRIMINAL PROCEEDINGS IN THE EASTERN DISTRICT OF
MISSOURI; (5) VACATING THE COURT’S JULY 17, 2017 ORDER TO SHOW CAUSE
(DOC. 79); AND (6) ADVISING PLAINTIFF OF HIS RESPONSIBILITY TO
PROMPTLY ADVISE THE COURT AND OPPOSING COUNSEL OF CHANGES TO
HIS ADDRESS OF RECORD
______________________________________________________________________________
This is a pro se civil rights case in which Plaintiff Darnell Moon alleges claims under 42
U.S.C. § 1983. On June 28, 2017, the Court denied Moon’s first motion for leave to file a
second amended complaint (doc. 46) as moot; granted in part and denied in part Moon’s motion
for leave to file a second amended complaint (doc. 67); ordered Moon to separately file a second
amended complaint within 21 days; denied Defendants’ motion to strike (doc. 53); denied
Moon’s motions to reinstate (docs. 56, 57); denied Moon’s motion for the return of his personal
property (doc. 34); and ordered Moon to show cause, in writing and within 21 days, as to why
this case should not be stayed in its entirety. Doc. 76. After mail sent to Moon was returned

as undeliverable, the Court, on July 17, 2017, ordered Moon to show cause as to why this case
should not be dismissed for his failure to prosecute. Doc. 79.
On July 31, 2017, in Moon v. Jones, No. 3:15-cv-424, CMECF No. 25 (S.D. Ohio July
31, 2017), Moon filed a notice of change of address and requested that the Court serve upon him
any documents filed since June 21, 2017 -- thus suggesting that he had not received a copy of
any filing in that case (and presumably this case) since that date. In the interest of justice, the
undersigned accepts Moon’s notice of change of address as if it were also filed in this case.
Accordingly, the undersigned ORDERS as follows:
(1)

The Clerk of Court shall update Moon’s address of record and send to him
by regular mail a copy of the docket sheet and all documents filed since
June 21, 2017 to the following address:
Darnell W. Moon (#016949)
Dunklin County Justice Center
1175 Floyd Street
Kennett, Missouri 63857

(2)

Moon shall separately file a second amended complaint within 21 DAYS
from the date of this Order as set forth in the Court’s June 27, 2017
Decision and Entry (doc. 76);

(3)

Moon shall SHOW CAUSE, in writing and within 21 DAYS, as to why
this case should not be STAYED in its entirety for the reasons set forth in
the Court’s June 27, 2017 Decision and Entry (doc. 76);

(4)

The Show Cause Order dated July 17, 2017 (doc. 79) is VACATED; and

(5)

Moon is ADVISED to promptly update the Clerk of Court regarding any
change in his mailing address. The failure to promptly advise the Court of
any changes in contact information may result in the dismissal of the case
for failure to prosecute.

IT IS SO ORDERED.

Date:

August 16, 2017

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge
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