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Cardenas v. Solano County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 2, 2009

JOHNATHAN CARDENAS, PLAINTIFF,
v.
SOLANO COUNTY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge

ORDER

On February 10, 2009, the Court issued an Order granting Plaintiff's Application to Proceed In Forma Pauperis and Ordering the Director of the California Department of Correction to collect the partial payment fee from Plaintiff. (Dkt. #s 13, 14). The Clerk of the Court served the orders on Plaintiff via U.S. mail. (See Feb. 10, 2009 Docket Entry). However, on February 18, 2009, the notification regarding Plaintiff's order was returned as undeliverable as Plaintiff was no longer in the custody of the Department of Corrections. (See Feb. 18, 2009 Docket Entry).

Pursuant to Local Rule 83-183(b)-2, a party appearing pro per "shall keep the Court and opposing parties advised as to his or her current address". If mail directed to a plaintiff pro per by the Clerk is returned "and if such plaintiff fails to notify the Court and opposing parties within sixty (60) days thereafter of a current address, the Court may dismiss the action without prejudice for failure to prosecute." Id. To date, Plaintiff has failed to inform the Court of a change in address. Accordingly,

IT IS HEREBY ORDERED that Plaintiff's Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 (Dkt. #1) is DISMISSED without prejudice based on Plaintiff's failure to inform the Court of a change in address. Plaintiff will have thirty (30) days from the date that this Order is entered to file an amended complaint and inform the Court of his current address. Failure to comply with this Order will result in the recommendation that this action be dismissed.

20090602

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