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Clay v. Harris

United States District Court, Ninth Circuit, California, C.D. California, Eastern Division
Jan 7, 2015
ED CV 14-0844-GHK (DFM) (C.D. Cal. Jan. 7, 2015)

Opinion


ANTQUAN DUPREE CLAY, Plaintiff, v. F. HARRIS et al., Defendants. No. ED CV 14-0844-GHK (DFM) United States District Court, Central District of California, Eastern Division January 7, 2015

          ORDER TO SHOW RE: DISMISSAL

          DOUGLAS F. MCCORMICK UNITED STATES MAGISTRATE JUDGE

         Order Central District Local Rule 41-6 requires Plaintiff to keep the Court apprised of his current address and warns that the Court may dismiss an action for want of prosecution if a party fails to notify the Court in writing of his current address. On August 26, 2014, shortly after the filing of the Second Amended Complaint, Plaintiff was expressly reminded of this requirement: "During the pendency of the action, Plaintiff must notify the Court immediately if his address changes and must provide the Court with the new address and its effective date." Dkt. 9 at 2.

         The Court's September 16, 2014 order denying appointment of counsel and its October 23, 2014 order authorizing discovery were both returned to the Court by the West Valley Detention Center as undelivered. See Dkt. 13, 22. The envelope for the latter document indicated that Plaintiff is no longer in custody. See Dkt. 22. The Court has checked the inmate locator features of the San Bernardino County Sheriffs Department and California Department of Corrections websites; it does not appear that Plaintiff is in the custody of either incarcerating agency.

         IT IS THEREFORE ORDERED that Plaintiff show cause within twenty-one (21) days of the date of this order why his action should not be dismissed without prejudice for failure to comply with Local Rule 41-6 and/or for failure to prosecute. Notice to the Court of a current address shall be deemed a sufficient response to this order. If Petitioner does not timely comply with this Court's order to show cause, the Court will recommend that the action be dismissed without prejudice for Petitioner's failure to prosecute. The Clerk is directed to serve by U.S. Mail a copy of this order on Plaintiffs address of record.


Summaries of

Clay v. Harris

United States District Court, Ninth Circuit, California, C.D. California, Eastern Division
Jan 7, 2015
ED CV 14-0844-GHK (DFM) (C.D. Cal. Jan. 7, 2015)
Case details for

Clay v. Harris

Case Details

Full title:ANTQUAN DUPREE CLAY, Plaintiff, v. F. HARRIS et al., Defendants.

Court:United States District Court, Ninth Circuit, California, C.D. California, Eastern Division

Date published: Jan 7, 2015

Citations

ED CV 14-0844-GHK (DFM) (C.D. Cal. Jan. 7, 2015)