Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

O'Dell v. Lee

July 28, 2010

PATRICK O'DELL, PLAINTIFF,
v.
TERRY LEE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

FINDINGS AND RECOMMENDATION REGARDING DISMISSAL OF ACTION

Plaintiff Patrick O'Dell ("Plaintiff"), appearing pro se, filed this action on November 2, 2009.

BACKGROUND

On November 6, 2009, the Court ordered Plaintiff to either submit an application to proceed in forma pauperis or pay the filing fee within thirty days. The Order was returned by the United States Postal Service on November 20, 2009, as undeliverable. The envelope stated, "Return to Sender, Not Deliverable As Addressed, Unable to Forward." The Court attempted to re-serve the order on November 20, 2009. On December 14, 2009, the order was again returned by the U. S. Postal Service as undeliverable. The envelope stated "Not Deliverable As Addressed, Unable to Forward."

On February 23, 2010, the Court re-served the order after the address was updated to reflect "c/o Alberta Carter." On March 29, 2010, Plaintiff filed a motion to proceed in forma pauperis.

On April 8, 2010, the Court ordered Plaintiff to submit a status report because it was unclear whether Plaintiff was incarcerated.

On April 26, 2010, the order was returned by the U. S. Postal Service as "Undeliverable, RTS; No Such Street; Unable to Forward."

On April 29, 2010, the Court re-served the order on Plaintiff at the Inyo County Jail, which was the address he listed on the March 29, 2010, order.

On May 13, 2010, the order was returned by the U. S. Postal Service. The envelope stated, "Undeliverable, Not in Custody."

The Court therefore attempted service at all addresses provided by Plaintiff.

DISCUSSION

Pursuant to Local Rule 183(b), a party appearing in propria persona is required to keep the Court advised of his or her current address at all times. Local Rule 183(b) provides, in pertinent part:

If mail directed to a plaintiff in propria persona by the Clerk is returned by the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within sixty (63) days thereafter of a current address, the Court may dismiss the action without prejudice for failure to prosecute.

In the instant case, over 63 days have passed since Plaintiff's mail was returned and he has not notified ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.