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LORENZANA v. THOMPSON, 2:14-cv-2127-EFB P. (2015)

Court: District Court, E.D. California Number: infdco20151117880 Visitors: 2
Filed: Nov. 16, 2015
Latest Update: Nov. 16, 2015
Summary: ORDER EDMUND F. BRENNAN , Magistrate Judge . Plaintiff is a county inmate proceeding without counsel in an action brought under 42 U.S.C. 1983. 1 On September 9, 2015, the postal service returned mail directed to plaintiff as "undeliverable, not in custody." A party appearing without counsel must keep the court and all parties apprised of his current address. E.D. Cal. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service and plaintiff fails to notify the court
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ORDER

Plaintiff is a county inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983.1 On September 9, 2015, the postal service returned mail directed to plaintiff as "undeliverable, not in custody."

A party appearing without counsel must keep the court and all parties apprised of his current address. E.D. Cal. L.R. 183(b). If mail directed to a plaintiff is returned by the postal service and plaintiff fails to notify the court and opposing parties within 63 days thereafter of her current address, the court may dismiss the action without prejudice for failure to prosecute. Id. More than 63 days have passed since the postal service returned the mail and plaintiff has not notified the court of his current address.

Accordingly, it is hereby ORDERED that this action is dismissed. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110, 183(b).

FootNotes


1. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to the parties' consent. E.D. Cal. Local Rules, Appx. A, at (k).
Source:  Leagle

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