Opinion
CASE NO. C07-1621-RSL.
November 20, 2007
INTRODUCTION AND SUMMARY CONCLUSION
On October 9, 2007, plaintiff, proceeding pro se, filed an application to proceed in forma pauperis (IFP) and a proposed 42 U.S.C. § 1983 civil rights complaint. (Dkt. 1.) However, he failed to provide his mailing address.
Using an email address listed on plaintiff's proposed complaint, the Court twice requested that plaintiff provide his mailing address. ( See Dkt. 2.) Plaintiff failed to respond to either request. The Court thereafter issued an Order to Show Cause why this action should not be dismissed given plaintiff's failure to provide the Court with a mailing address. See Local Civil Rule 41(b)(2) ("A party proceeding pro se shall keep the court and opposing parties advised as to his current address.") The Court indicated that plaintiff's failure to timely respond to the Order — by November 14, 2007 — would result in a recommendation that this action be dismissed. The Court directed the Clerk to send a copy of the Order to Show Cause to plaintiff at the email address provided on his proposed complaint, but advised plaintiff that the email address does not suffice to serve as his address of record. To date, the Court has not received any response to the Order to Show Cause.
Given plaintiff's failure to provide a mailing address or otherwise pursue this matter, the Court recommends that his application to proceed IFP be denied and that this matter be dismissed without prejudice. Again, because the Court has no other means of contacting plaintiff, this Report and Recommendation and any subsequent Order of the Court should be directed to the email address contained on plaintiff's proposed complaint.
A proposed Order is attached to this Report and Recommendation.