Meledez v. City of Fresno Police Department
Filing
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ORDER DISMISSING CASE Without Prejudice For Failure To Prosecute, signed by Chief Judge Anthony W. Ishii on 6/13/2011. CASE CLOSED.(Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NATHANIEL MELEDEZ,
CASE NO. 1:11-cv-00473-AWI-SMS
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Plaintiff,
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v.
ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE
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CITY OF FRESNO POLICE
DEPARTMENT,
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Defendant.
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On March 17, 2011, Plaintiff Nathaniel A. Meledez1 filed a civil rights complaint alleging
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various constitutional and California state claims. Plaintiff failed to submit either the applicable
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filing fee of $350.00 (28 U.S.C. § 1914) or an application to proceed in forma pauperis (28
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U.S.C. § 1915(a)). On March 25, 2011, U.S. Magistrate Judge ordered Plaintiff to either pay the
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statutory fee or submit an application to proceed in forma pauperis on or before April 8, 2011.
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The Clerk of Court served the order on Plaintiff by mail. On April 8, 2011, the order was
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returned as undeliverable.
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Local Rule 183(b) provides:
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A party appearing in propria persona shall keep the Court and opposing parties
advised as to his or her current address. If mail delivered to a plaintiff in propria
persona by the Clerk is returned by the U.S. Postal Service, and if such plaintiff
fails to notify the Court and opposing parties within sixty-three days thereafter of
a current address, the Court may dismiss the action without prejudice for failure to
prosecute.
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Although the caption of the complaint spells Plaintiff’s name “Meledez,” the name is spelled “Melendez”
in the body of the complaint.
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More than 63 days having elapsed since the return of the notice mailed to Plaintiff and
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Plaintiff having failed to advise the Court of his current address, it is hereby ORDERED that this
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case be dismissed with prejudice for failure to prosecute.
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IT IS SO ORDERED.
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Dated:
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June 13, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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