Opinion
24-cv-03905 BLF (PR)
08-19-2024
MUHAMMAD KHAN, Plaintiff, v. PRESLEY, et al., Defendants.
ORDER DIRECTING PLAINTIFF TO FILE NOTICE OF CHANGE OF ADDRESS AND INTENT TO PROSECUTE
BETH LABSON FREEMAN UNITED STATES DISTRICT JUDGE
On June 28, 2024, Plaintiff, a state prisoner, filed the instant civil rights action pursuant to 42 U.S.C. § 1983. Dkt. No. 1. Plaintiff also filed a motion for leave to proceed in forma pauperis (“IFP”). Dkt. No. 2. Recently, the Court received notice in another pending matter that Plaintiff has been paroled. See Khan v. Payton, et al., Case No. 20-cv-03086, Docket No. 95. However, Plaintiff has not filed a notice of change of address in that matter or in this action.
A search by Plaintiff's name and CDCR Number (BF7156) in the CDCR's Inmate Locator also reveals no such person in CDCR's custody as of the date this order was filed. https://ciris.mt.cdcr.ca.gov
Pursuant to Northern District Local Rule 3-11, a party proceeding pro se must promptly file a notice of change of address while an action is pending. See L.R. 3-11(a).
The Court may, without prejudice, dismiss a petition when: (1) mail directed to the pro se party by the Court has been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty days of this return a written communication from the pro se party indicating a current address. See L.R. 3-11(b).
Plaintiff is ordered to file a notice of change of address and intent to prosecute no later than twenty-eight (28) days from the date this order is filed.
Failure to respond to this order will result in the dismissal without prejudice of this matter under Local Rule 3-11(b).
IT IS SO ORDERED.