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Harnden v. Beer

United States District Court, E.D. California
Feb 7, 2006
No. CV F 05 1351 AWI SMS P (E.D. Cal. Feb. 7, 2006)

Opinion

No. CV F 05 1351 AWI SMS P.

February 7, 2006


ORDER DISCHARGING ORDER TO SHOW CAUSE ISSUED JANUARY 12, 2006 (Doc. 4.) ORDER DIRECTING CLERK OF COURT TO RESERVE DOCUMENTS ON PLAINTIFF (Doc. 2.)


Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983.

This action was filed on October 26, 2005. Upon opening of the case, the Court sent Plaintiff new case documents concerning the procedure of the Court with respect to his case. However, the documents were returned to the Court as "undeliverable, refused." Thus, the court issued an Order to Show Cause on January 12, 2006.

On February 2, 2006, Plaintiff filed a Response to the Order to Show Cause indicating that it is his intent to proceed with the action and that there has been some interference with his mail.

Accordingly, in light of Plaintiff's explanation, the Court HEREBY ORDERS:

1. The Order to Show Cause issued January 12, 2006, is DISCHARGED;
2. The Clerk of Court is DIRECTED to reserve the New Case documents (Doc. 2) on Plaintiff.

The Court granted Plaintiff's Motion to Proceed In Forma Pauperis and served the Order along with the First Informational Order on Plaintiff. However, the pleadings were returned to the Court by the U.S. Postal Service on December 28, 2005, marked "Undeliverable — Attempted, Not Known." Thus, on January 12, 2006, the Court issued an Order to Show Cause why the action should not be dismissed for failing to prosecute. Plaintiff filed a Return to the Order on February 2, 2006, explaining his transfer between institutions and the failure to forward his mail to him. Accordingly, good cause having been shown, the Court HEREBY DISCHARGES the Order to Show Cause issued on January 12, 2006. The Court will screen Plaintiff's Complaint and proceed with the case in due course.

IT IS SO ORDERED.


Summaries of

Harnden v. Beer

United States District Court, E.D. California
Feb 7, 2006
No. CV F 05 1351 AWI SMS P (E.D. Cal. Feb. 7, 2006)
Case details for

Harnden v. Beer

Case Details

Full title:JEFFREY HARNDEN, Plaintiff, v. BEER, et. al., Defendants

Court:United States District Court, E.D. California

Date published: Feb 7, 2006

Citations

No. CV F 05 1351 AWI SMS P (E.D. Cal. Feb. 7, 2006)