IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 9, 2009
JOHNY GOODWIN, PLAINTIFF,
JAIL MEDICAL, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Barbara Jacobs Rothstein U.S. District Court Judge
ORDER DISMISSING § 1983 ACTION SACRAMENTO COUNTY
Plaintiff is a California state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By orders dated July 11, 2008 and August 13, 2008, plaintiff's complaint and amended complaint were dismissed with leave to file a second amended complaint. (Dkt # 1 and 19). On August 25, 2008, plaintiff filed a second amended complaint. (Dkt. # 22). When he filed his complaint, plaintiff listed his address as the Deuel Vocational Institution in Tracy, California. (Dkt. #1). On July 23, 2008, plaintiff filed a notice of change of address notifying the court that he had been transferred to Salinas Valley State Prison. (Dkt. # 18). However, on November 24, 2008 and January 22, 2009, mail directed to plaintiff at this address by the Clerk was returned by the United States Postal Service because plaintiff no longer resided at that address.*fn1 (Dkt. # 23 and 24). Thus plaintiff has failed to comply with the local rule requiring that he inform the court and opposing parties of his current address. See Local Rule 83-183(b).
Local Rule 83-183(b) states:
If mail directed to a Petitioner in propria persona by the Clerk is returned by the U.S. Postal Service, and if such Petitioner 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.
Over Six months has transpired since mail sent by the Clerk to plaintiff was returned by the post office. (Dkt. # 24). Accordingly, the court hereby finds and ORDERS that this action is DISMISSED without prejudice for failure to prosecute.