(PC) Fox v. Kim et al, No. 1:2020cv00290 - Document 58 (E.D. Cal. 2022)

Court Description: ORDER WITHDRAWING 56 Findings and Recommendations, signed by Magistrate Judge Gary S. Austin on 06/02/2022. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ALLAHRAE FOX, 12 Plaintiff, 13 14 15 v. Case No. 1:20-cv-00290-DAD-BAK (GSA) (PC) ORDER WITHDRAWING FINDINGS AND RECOMMENDATIONS (ECF No. 56) ERNEST ZEIGLER, Defendant. 16 17 Plaintiff Michal Allahrea Fox is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action filed under 28 U.S.C. § 1983. As explained in the Court’s first 19 informational order, a party appearing pro se must keep the Court advised of his current address. 20 (ECF No. 5 at VIII(A).) Under the Local Rules, if mail directed to a pro se plaintiff at his 21 address of record is returned by the U.S. Postal Service and the plaintiff fails to update his 22 address within sixty-three (63) days, the Court may dismiss his action for failure to prosecute. 23 L.R. 183(b); accord (ECF No. 5 at VIII(B)). 24 On October 28, 2021, the Court served on Plaintiff an order of clarification to a different 25 address: California Health Care Facility, P.O. Box 213040, Stockton, CA 95213 (“Stockton 26 address”) (ECF No. 45.) A notice of temporary magistrate judge referral and an order denying 27 Plaintiff’s motion to appoint counsel were served on Plaintiff at this address. (ECF Nos. 50, 53.) 28 Presumably Plaintiff received the order and the notice since they were not returned to the Court as 1 undeliverable. The Court docket lists this Stockton address as Plaintiff’s current address. 2 On January 12, 2022, the Court entered an order regarding pending recusal, which was 3 served on the Plaintiff the same day to the Stockton address. (ECF No. 52.) On February 2, 4 2022, the order was returned by the U.S. Postal Service as “undeliverable, not deliverable as 5 addressed.” 6 On February 1, 2022, the Court issued an order disqualifying the district judge and 7 reassigning the case. (ECF No. 55.) On the same day, this order was served on Plaintiff to the 8 Stockton address. On February 14, 2022, the order was returned as “undeliverable, not 9 deliverable as addressed.” 10 After the passage of more than sixty-three days, Plaintiff had not filed a notice of change 11 of address as required by the Court’s first informational order and Local Rule 183(b). Therefore, 12 on April 16, 2022, the Court submitted findings and recommendations to dismiss this action 13 without prejudice for Plaintiff’s failure to obey a court order, failure to comply with the Local 14 Rules, and failure to prosecute. (ECF No. 56.) 15 On May 2, 2022, Plaintiff filed objections to the findings and recommendations. (ECF 16 No. 57.) Plaintiff advises that he had filed a notice of change of address advising that his new 17 address is P.O. Box 3466, Corcoran, CA 93212, (ECF No. 15), and he had previously received 18 several court orders at this Corcoran address. Therefore, Plaintiff properly filed a change of 19 address as required and he is not subject to any sanctions. 20 Accordingly, the Court ORDERS that: 21 1. The Court’s findings and recommendations of April 16, 2022, (ECF No. 56), are 22 hereby WITHDRAWN; 2. The Clerk is directed to correct the court record to reflect Plaintiff’s current address at 23 24 P.O. Box 3466, Corcoran, CA 93212; and 25 /// 26 /// 27 3. The Clerk is directed to re-serve on the Plaintiff the order regarding pending recusal, 28 (ECF No. 52), and the order disqualifying district judge and re-assigning case, (ECF 2 1 No. 55). 2 3 4 5 IT IS SO ORDERED. Dated: June 2, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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