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Pellum v. Fresno Police Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


November 18, 2010

JASON E. PELLUM, PLAINTIFF,
v.
FRESNO POLICE DEPARTMENT, DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING PLAINTIFF AN EXTENSION OF TIME TO FILE AN AMENDED COMPLAINT

Plaintiff Jason Pellum ("Plaintiff"), proceeding pro se and in forma pauperis, filed a civil rights action on July 15, 2010.

On September 2, 2010, the Court issued an order dismissing the complaint but granted Plaintiff thirty (30) days to file an amended complaint. This order was served on Plaintiff by mail on September 2, 2010. On September 15, 2010, the order served on Plaintiff was returned to the Clerk as undeliverable and unable to be forwarded.

Plaintiff is reminded that he must keep the Court informed of his current address. Local Rule ("L.R.") 182(f) provides the following, in relevant part:

Each appearing attorney and pro se party is under a continuing duty to notify the Clerk and all other parties of any change of address or telephone number of the attorney or the pro se party. Absent such notice, service of documents at the prior address of the attorney or pro se party shall be fully effective.

On November 15, 2010, Plaintiff filed a "Motion for Court Order." (Doc. 5.) While it is somewhat unclear, the document appears to be a request for a status update. The document also includes a new address for Plaintiff. The Court will construe this as an attempt to update the Clerk as to Plaintiff's current address.

Although service of the Court's September 2, 2010, order was fully effective pursuant to L.R. 182(f), the Court will grant Plaintiff an extension of time to file an amended complaint as Plaintiff appears to have now updated his current address.

Accordingly, IT IS HEREBY ORDERED THAT:

1. The Clerk of the Court is directed to serve Plaintiff, at the address noted in Doc. No. 5, with the September 2, 2010, order dismissing Plaintiff's complaint;

2. Plaintiff shall file an amended complaint on or before December 22, 2010; and 3. If Plaintiff fails to file an amended complaint, the Court will recommend that this action be dismissed for failure to state a claim, failure to prosecute, and failure to comply with a court order.

IT IS SO ORDERED.

20101118

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