(PC) Choate v. Kings County Sheriff et al, No. 1:2019cv00473 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER WITHDRAWING 11 Findings and Recommendations to Dismiss Case and Directing Plaintiff to Respond to Order to Show Cause signed by Magistrate Judge Sheila K. Oberto on 12/2/2019. Show Cause Response due within twenty-one (21) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE G. CHOATE, 12 13 14 Plaintiff, v. KINGS COUNTY SHERIFF, et al., 15 Defendants. 1:19-cv-00473-LJO-SKO (PC) ORDER WITHDRAWING FINDINGS AND RECOMMENDATION TO DISMISS CASE AND DIRECTING PLAINTIFF TO RESPOND TO ORDER TO SHOW CAUSE (Docs. 10, 11) 21-DAY DEADLINE 16 17 Plaintiff George G. Choate is proceeding pro se and in forma pauperis in this civil rights 18 action. On July 30, 2019, the Court issued an order to show cause why this action should not be 19 dismissed for Plaintiff’s failure to exhaust administrative remedies prior to filing suit. (Doc. 10.) 20 The Court ordered Plaintiff to file his response within 21 days and indicated that failure to 21 comply would result in a recommendation that this action be dismissed for failure to obey a court 22 order. (Id. at 2.) 23 On August 9, 2019, the United States Postal Service (USPS) returned the Court’s order as 24 undeliverable. More than two months passed without Plaintiff updating his address with the 25 Court. Thus, on November 4, 2019, the Court issued findings and recommendations that this 26 action be dismissed for failure to prosecute and for failure to exhaust administrative remedies. 27 (Doc. 11.) The findings and recommendations were served on Plaintiff on November 6 and 28 provided him 14 days to file objections thereto. (Id.) 1 On November 18, 2019, Plaintiff filed objections to the findings and recommendations. 2 (Doc. 12.) In his objections, Plaintiff states that was “released from prison to … jail then let out a 3 week later.” (Id.) He further states that, upon release, he was homeless and lost his “paperwork 4 regarding this lawsuit,” and he had forgotten the Court’s address. (Id.). Plaintiff states that he 5 received “this paperwork” on November 8, 2019.1 (Id.) 6 Based on the foregoing, the Court ORDERS: 7 1. The findings and recommendations issued on November 4, 2019, (Doc. 11), are 8 WITHDRAWN, 2. The Clerk’s Office is DIRECTED to send Plaintiff a copy of the order to show cause 9 10 issued on July 30, 2019, (Doc. 10), and, 11 3. Within 21 days from the date of service of this order, Plaintiff shall respond to the 12 order to show cause issued on July 30, 2019, (Doc. 10). 13 If Plaintiff fails to timely respond to the order to show cause issued on July 30, 2019, the 14 Court will recommend that this action be dismissed. 15 16 17 IT IS SO ORDERED. Dated: December 2, 2019 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff also filed a notice of change of address on November 20, 2019. (Doc. 14.) 2 .

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