Case 2:21-cv-01668-JLS-AGR Document 33 Filed 05/02/22 Page 1 of 2 Page ID #:154

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 MARKEL DANIEL ROWLAND, ) No. CV 21-1668-JLS (AGR) ) 12 Plaintiff, ) ) 13 v. ) ORDER TO SHOW CAUSE WHY THIS ) ACTION SHOULD NOT BE DISMISSED 14 ESPINOZA, et al., ) WITHOUT PREJUDICE ) 15 Defendants. ) ) 16 ) ) 17 On February 17, 2021, Plaintiff, a Los Angeles County jail inmate proceeding pro 18 se and in forma pauperis filed a civil rights complaint under

against 19 Los Angeles Sheriff’s Department (“LASD”) Deputies Alvarado, Batres and Espinoza in 20 their individual capacity. (Dkt. No. 1.) Defendants Alvarado and Batres have not been 21 served. Defendant Espinoza filed a motion to dismiss the complaint under Fed. R. Civ.

(b)(6). This court issued a Report and Recommendation (“Report”) that 23 recommended denial of the motion. (Dkt. Nos. 24-25.) The District Court accepted the 24 Report and denied Defendant’s motion to dismiss. (Dkt. No. 29.) Defendant Espinoza 25 has filed an answer. 26 Both the Report and Notice of Filing of Report and Recommendation were 27 returned as undeliverable by the postal service and entered on the docket on February 28 Case 2:21-cv-01668-JLS-AGR Document 33 Filed 05/02/22 Page2of2 Page #:155

1 25, 2022. (Dkt. No. 26-27.) Plaintiff has been released from custody, apparently in 2|| January 2022. See Rowland v. Suarez, CV 21-5924 (C.D. Cal.), Dkt. Nos. 15, 18, 24. 3 Local Rule 41-6 requires that a Plaintiff proceeding pro se must keep the Court 41 apprised of the Plaintiff's current address. In addition, Local Rule 41-6 provides that 5|| “the Court may dismiss the action with or without prejudice for want of prosecution” if the Plaintiff fails to notify the Court in writing of Plaintiff's current address within 15 days 7] after mail is returned as undeliverable by the Postal Service. 8 Plaintiff has failed to notify the court in writing of Plaintiff's current address within 9] 15 days after mail is returned as undeliverable as required in Local Rule 41-6. 10 Accordingly, IT IS ORDERED that, on or before May 16, 2022, Plaintiff shall 11 || show good cause, if there be any, why this action should not be dismissed without 12 || prejudice for failure to prosecute and/or failure to comply with a court order. Filing a 13 || Notice of Current Address on or before May 16, 2022, shall be deemed compliance with this Order to Show Cause. 15 If Plaintiff does not timely file a Notice of Current Address on or before 16 | May 16, 2022, or otherwise respond to this Order to Show Cause, this case is 17 || subject to dismissal without prejudice for plaintiff's failure to prosecute and/or □□ □ failure to comply with a court order. See Link v. Wabash R.R.,

, 629-30 19] (1962). 20 21 Wii Wk 22 || DATED: May 2, 2022 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28