(PS) Watkins v. Pope et al, No. 2:2010cv00620 - Document 11 (E.D. Cal. 2011)

Court Description: ORDER VACATING 8 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/18/2011. Clerk directed to serve copy of 5/17/2011 7 Order on plaintiff at current address together w/this Order. Within 30 days from date of this Order, an Amended Complaint shall be filed to cure defects noted in previous 7 Order. (Marciel, M)

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(PS) Watkins v. Pope et al Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LOUIS WATKINS, 11 12 13 14 15 Plaintiff, No. CIV S-10-0620 LKK DAD PS v. JAMIE POPE, et al., ORDER Defendants. / 16 Plaintiff is proceeding pro se with a civil rights complaint against the California 17 Public Employees Retirement System and an individual named Jamie Pope. On May 17, 2011, 18 the court served upon plaintiff an order granting his motion to proceed in forma pauperis and 19 dismissing plaintiff’s complaint with thirty days’ leave to amend. (Doc. No. 7.) On May 27, 20 2011, plaintiff’s copy of the May 17, 2011 order was returned to the court by the postal service 21 marked “Undeliverable, RTS - Not deliverable as addressed, unable to forward.” 22 On June 1, 2011, the undersigned issued findings and recommendations 23 recommending that this action be dismissed without prejudice due to plaintiff’s failure to keep 24 the court apprised of his current address and his failure to comply with applicable rules and court 25 orders. (Doc. No. 8.) On June 10, 2011 plaintiff provided the court with his current address and 26 the Clerk of the Court served plaintiff with a copy of the June 1, 2011 findings and 1 Dockets.Justia.com 1 recommendations. (Doc. No. 9.) On June 14, 2011, plaintiff filed objections to the June 1, 2011 2 findings and recommendations arguing that this matter should not be closed because he has now 3 updated his address. (Doc. No. 10.) 4 Plaintiff is again advised that Local Rule 182 requires every party, including any 5 party proceeding in propria persona, to notify the court and all other parties of any change of 6 address. Local Rule 182(f). “Absent such notice, service of documents at the prior address of 7 the attorney or pro se party shall be fully effective.” Id. Failure to comply with the court’s rules 8 or with any order of the court may be grounds for imposition by the court of any and all sanctions 9 authorized by statute or rule or within the inherent power of the court. Local Rule 110. 10 Nonetheless, the undersigned will vacate the June 1, 2011 findings and 11 recommendations, direct the Clerk of the Court to serve plaintiff with a copy of the May 17, 2011 12 order at his current address and grant plaintiff thirty days to file an amended complaint. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. The findings and recommendations filed June 1, 2011 (Doc. No. 8) are 15 16 17 18 vacated; 2. The Clerk of the Court is directed to serve a copy of the May 17, 2011 order (Doc. No. 7) on plaintiff at his current address of record together with a copy of this order; 3. Within thirty (30) days from the date of this order, an amended complaint shall 19 be filed that cures the defects noted in the May 17, 2011 order and complies with the Federal 20 Rules of Civil Procedure and the Local Rules of Practice. The amended complaint must bear the 21 case number assigned to this action and must be titled “Amended Complaint”; 22 4. Failure to respond to this order in a timely manner may result in a 23 recommendation that this action be dismissed. 24 DATED: June 18, 2011. 25 26 DAD:6 ddad1\orders.prose\watkins0620.nca.vac 2

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