(PC) Gibbs v. People of the Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH C. GIBBS, Case No. 1:21-cv-01005-NONE-BAM (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO UPDATE PLAINTIFF’S MAILING 13 v. ADDRESS AND RE-SERVE FINDINGS AND RECOMMENDATIONS (ECF No. 13) 14 PEOPLE OF THE COURT, (ECF No. 14) 15 Defendant. 16 17 Plaintiff Keith C. Gibbs (“Plaintiff”) is a state prisoner proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 19 On July 19, 2021, the Court issued findings and recommendations recommending that 20 Plaintiff’s motion for leave to proceed in forma pauperis be denied. (ECF No. 13.) Plaintiff was 21 directed to file any objections to the findings and recommendations within fourteen days. (Id.) 22 On July 21, 2021, Plaintiff filed a notice of change of address. (ECF No. 14.) Although 23 the notice appears to indicate that Plaintiff has moved from a residential address in Oakland, 24 California to another residential address in Oakland, the Court was unable to verify the new 25 address. Furthermore, the return address on the envelope, as well as CDCR’s inmate locator 26 website,1 indicate that Plaintiff is currently housed at the California Substance Abuse Treatment 27 1 The Court may take judicial notice of public information stored on the CDCR inmate locator 28 website. See In re Yahoo Mail Litig., 7 F.Supp.3d 1016, 1024 (N.D. Cal. 2014) (court may take 1 Facility in Corcoran, California, and remains in the custody of CDCR. (Id. at 3.) 2 Based on this information, the Court finds it appropriate to update Plaintiff’s mailing 3 address to the California Substance Abuse Treatment Facility, and will re-issue the findings and 4 recommendations and allow Plaintiff additional time to file any objections. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Clerk of the Court is directed to update Plaintiff’s mailing address to the California 7 Substance Abuse Treatment Facility; 8 2. The Clerk of the Court is directed to serve this order and re-serve the Court’s July 19, 9 2021 findings and recommendations, (ECF No. 13), to Plaintiff at his updated mailing 10 address; and 11 3. Plaintiff’s objections to the findings and recommendations are due within fourteen (14) 12 days from the date of service of this order. 13 IT IS SO ORDERED. 14 15 Dated: July 22, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 judicial notice of information on “publicly accessible websites” not subject to reasonable dispute); Louis v. McCormick & Schmick Restaurant Corp., 460 F.Supp.2d 1153, 1155 n.4 (C.D. 28 Cal. 2006) (court may take judicial notice of state agency records).