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Michael Jackson v. John W. Haviland

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 22, 2012

MICHAEL JACKSON, PLAINTIFF,
v.
JOHN W. HAVILAND, ET AL., DEFENDANTS.

ORDER

A recent court order was served on plaintiff's address of record and returned by the U.S. Postal Service as undeliverable.*fn1 On August 15, 2012, counsel for defendant Herrera advising the court that he believes plaintiff's current address is 2421 Lowell Street, Apt. C, Richmond, CA 94804, based on a voice mail message his office received from plaintiff on June 19, 2012. Counsel's office sent plaintiff a copy of the court's order filed on August 3, 2012.

It appears that plaintiff has failed to comply with Local Rule 183(b), which requires that a party appearing in propria persona inform the court of any address change. The court will direct the Clerk of the Court to serve this order on plaintiff at his address of record, as well as, the Richmond address set forth above and to provide plaintiff with a copy of the court's August 3, 2012 order. The court will also order plaintiff to file his supplemental opposition, if any, to defendant Herrera's pending motion for summary judgment or a statement that no supplemental opposition will be filed, as well as a notice of change of address.

Accordingly, IT IS HEREBY ORDERED that: 1. Within seven days from the service of this order, plaintiff shall file his notice of change of address;

2. Within seven days from the service of this order, plaintiff shall serve and file his supplemental opposition to defendant Herrera's motion for summary judgment, or a statement that no supplemental opposition will be filed; defendant's supplemental reply, if any, shall be filed within seven days after service of plaintiff's supplemental opposition;

3. The Clerk of the Court is directed to serve a copy of this order and the court's August 3, 2012 order on plaintiff's address of record and also on plaintiff at 2421 Lowell Street, Apt. C, Richmond, CA 94804; and

4. Plaintiff's failure to comply with this order will result in the dismissal of this action.


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