Markel Daniel Rowland v. Suarez
Markel Daniel Rowland v. Suarez
Trial Court Opinion
Case 2:21-cv-05924-JLS-AGR Document 27 Filed 05/02/22 Page 1 of 2 Page ID #:97
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 21-5924-JLS (AGR) ) 12 Plaintiff, ) ) 13 v. ) ORDER TO SHOW CAUSE WHY THIS ) ACTION SHOULD NOT BE DISMISSED 14 SUAREZ, ) WITHOUT PREJUDICE ) 15 Defendant. ) ) 16 ) ) 17 On July 21, 2021, Plaintiff, a Los Angeles County jail inmate proceeding pro se 18 and in forma pauperis filed a civil rights complaint under
42 U.S.C. § 1983against Los 19 Angeles Sheriff’s Department (“LASD”) Deputy Suarez. (Dkt. No. 1.) 20 Defendant Suarez filed a motion to dismiss the complaint under Fed. R. Civ. P. 21 12(b)(6). (Dkt. No. 9.) The court issued an order setting a briefing schedule. (Dkt. No. 22 14.) The court order was returned as undeliverable by the postal service and entered 23 on the docket on February 7, 2022. (Dkt. No. 15.) According to the information on the 24 returned mail, Plaintiff was released from custody, apparently in January 2022. (Id.) 25 Subsequently, a text-only entry on the docket was also returned as undeliverable by the 26 postal service. The returned mail again indicated that Plaintiff was released from 27 custody. (Dkt. No. 24.) 28 Case 2:21-cv-05924-JLS-AGR Document 27 Filed 05/02/22 Page2of2 Page ID #:98
1 Local Rule 41-6 requires that a Plaintiff proceeding pro se must keep the Court 2|| apprised of the Plaintiff's current address. In addition, Local Rule 41-6 provides that 3|| “the Court may dismiss the action with or without prejudice for want of prosecution” if 4] the Plaintiff fails to notify the Court in writing of Plaintiff's current address within 15 days 5|| after mail is returned as undeliverable by the Postal Service. 6 Plaintiff has failed to notify the court in writing of Plaintiff's current address within 7| 15 days after mail is returned as undeliverable as required in Local Rule 41-6. 8 Accordingly, IT IS ORDERED that, on or before May 16, 2022, Plaintiff shall 9|| show good cause, if there be any, why this action should not be dismissed without 10 prejudice for failure to prosecute and/or failure to comply with a court order. Filing a 11 || Notice of Current Address on or before May 16, 2022, shall be deemed 12|| compliance with this Order to Show Cause. 13 If Plaintiff does not timely file a Notice of Current Address on or before May 16, 2022, or otherwise respond to this Order to Show Cause, this case is 15 || subject to dismissal without prejudice for plaintiff's failure to prosecute and/or 16 | failure to comply with a court order. See Link v. Wabash R.R.,
370 U.S. 626, 629-30 17] (1962). 18 i fini. Mend 20} DATED: May 2, 2022 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28
Reference
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