Free Order - District Court of Arizona - Arizona

SRM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lorenzo Cruz Falco, Plaintiff -vsDora B. Schriro, et al., Defendant(s) CV-03-1940-PHX-EHC (JI) ORDER

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

On June 23, 2006, mail from the Clerk of the Court to Plaintiff was returned undeliverable, reflecting that Plaintiff was "no longer in custody" (#72). However, the Arizona Department of Corrections website reflects that Plaintiff remains in custody at the Arizona State Prison in Kingman, Arizona. Plaintiff has not filed a notice of change of address. In the service Order entered December 5, 2003 (#4), Plaintiff was cautioned that failure to immediately file a notice of change of address "may result in the dismissal of the action for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure." FAILURE to comply with this order may result in dismissal of this action without further notice. In the meantime, in light of Plaintiff's release, Defendants have filed a Motion to Dismiss Count II as Moot (#73). NOTICE - WARNING TO PLAINTIFF - Defendants have filed a motion to dismiss the complaint. Defendants' motion to dismiss seeks to have your case dismissed as mmot. Their motion will, if granted, end your case. Plaintiff is advised of the following specific provisions of Local Civil Rule 7.2, Rules of Practice of the United States District Court for the District of Arizona: (e) Length of Motions and Memoranda. Unless otherwise permitted by the Court, a motion including its supporting memorandum, and the response including its supporting memorandum, each shall not exceed seventeen (17)
Document 74 1 - Filed 06/29/2006 Page 1 of 2

Case 2:03-cv-01940-EHC-JRI

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pages, exclusive of attachments and any required statement of facts. Unless otherwise permitted by the Court, a reply including its supporting memorandum shall not exceed eleven (11) pages, exclusive of attachments. *** (i) Briefs or Memoranda of Law; Effect of Non-Compliance. If a motion does not conform in all substantial respects with the requirements of this Rule, or if the opposing party does not serve and file the required answering memoranda . . . such non-compliance may be deemed a consent to the . . . granting of the motion and the court may dispose of the motion summarily. IT IS THEREFORE ORDERED that within fifteen (15) days of the filing of this Order, Plaintiff either (1) show cause as to why this action should not be dismissed for failure to prosecute or (2) file a notice of change of address with the court, reflecting Plaintiff's current address. IT IS FURTHER ORDERED that the Clerk of the Court shall forward a copy of this Order addressed to Plaintiff at the Arizona State Prison, Kingma, P.O. Box 6639, Kingman, AZ 86402. IT IS FURTHER ORDERED that: 1. Response - Plaintiff shall have fifteen days from the filing of this Order to respond to Defendants' Motion to Dismiss Count II as Moot, filed June 26, 2006 (#73). 2. Reply - Defendants shall have fifteen days from service of the responsive memorandum within which to file a reply. 3. Joint Proposed Pre-Trial Order - In the event that this motion to dismiss remains pending on any deadline set for filing of a jointly proposed pre-trial order, then such deadline shall be extended to a date thirty (30) days following the entry of an order disposing of this motion to dismiss.

DATED: June 28, 2006
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_____________________________________ JAY R. IRWIN United States Magistrate Judge

Case 2:03-cv-01940-EHC-JRI

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