(PC) Barth v. Borbe ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN DAMON BARTH, No. 2:20-cv-2202 KJN P 12 Plaintiff, 13 v. ORDER 14 S. BORBE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding without counsel, filed a motion for extension of time 18 to file an application to proceed in forma pauperis. Plaintiff claims he did not receive the court’s 19 last order because he has been transferred within San Quentin Prison at least four different times. 20 On December 11, 2020, plaintiff’s address of record was changed to P.O. Box 104, Agoura Hills, 21 CA 91376. However, the CDCR inmate locator shows that plaintiff is still housed at San 22 Quentin State Prison and is not eligible for parole until August 2021.1 Plaintiff is cautioned that 23 he must keep the court apprised of his current address, not a prospective future address. Local 24 Rule 182(f). 25 1 The Court may take judicial notice of public information stored on the CDCR website. See 26 Louis v. McCormick & Schmick Restaurant Corp., 460 F.Supp.2d 1153, 1155 n.4 (C.D. Cal. 27 2006) (court may take judicial notice of state agency records); Pacheco v. Diaz, No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594 at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of 28 CDCR’s Inmate Locator system). 1 Good cause appearing, plaintiffs motion is granted. Plaintiff is cautioned that failure to 2 | comply with the November 5, 2020 order will result in a recommendation that this action be 3 | dismissed. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff's motion for an extension of time (ECF No. 6) is granted. 6 2. Plaintiff is granted sixty days from the date of this order in which to comply with the 7 | November 5, 2020 order. 8 3. The Clerk of the Court is directed to send plaintiff an application to proceed in forma 9 | pauperis by a prisoner, and to change plaintiffs address to the San Quentin State Prison address 10 | listed on his most recent filing (ECF No. 6). 11 | Dated: December 18, 2020 Aectl Aharon 13 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 14 par2202.36 15 16 17 18 19 20 21 22 23 24 25 26 27 28