(PC) Craig v. El Dorado County Sheriff ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NORMAN JOHN CRAIG, No. 2:21-cv-01622 DAD DB 12 Plaintiff, 13 v. ORDER 14 EL DORADO COUNTY SHERIFF ET AL., 15 Defendants. 16 17 18 Plaintiff, a former1 county inmate, filed this pro se civil rights action pursuant to 42 19 U.S.C. § 1983. By order filed March 30, 2023, the court issued an order dismissing plaintiff’s 20 first amended complaint with leave to file a second amended complaint. (ECF No. 16.) 21 Thirty days from that date have now passed, and plaintiff has not filed a second amended 22 complaint, or otherwise responded to the court’s order. The court’s March 30, 2023, order was 23 24 1 Records indicate that plaintiff is no longer in the custody of El Dorado County. See https://edso.crimegraphics.com/2013/default.aspx?InitialTab=8 (inmate locator website operated 25 by the El Dorado County Sheriff’s Office). This court may take judicial notice of such information. Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 26 (C.D. Cal. 2006) (court may take judicial notice of state agency records); Pacheco v. Diaz, No. 27 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the California Department of Corrections and Rehabilitation's inmate locator 28 system). 1 | returned as undeliverable. Plaintiff indicated in his first amended complaint that he is currently 2 | located at Napa State Hospital and no longer located at his previous record address, the E] Dorado 3 | County Jail. (ECF No. 15 at 1.) On June 26, 2023, the Clerk of the Court changed plaintiff's 4 | address of record to Napa State Hospital. 5 Accordingly, plaintiff is ordered to file a second amended complaint or show cause in 6 | writing why this action should not be dismissed for failure to prosecute and failure to comply 7 | with court orders. 8 IT IS HEREBY ORDERED that: 9 1. Within thirty days of the date of this order, plaintiff shall either file an amended 10 complaint or show cause in writing why this case should not be dismissed for 11 failure to prosecute and failure to comply with court orders; 12 2. Failure to comply with this order will result in a recommendation that this action 13 be dismissed; and 14 3. The Clerk of the Court is directed to serve this order and the court’s March 30, 15 2023 order (ECF No. 16) on the following addresses: 16 a. Plaintiff's current record address: Napa State Hospital, 2100 Napa-Vallejo 17 Highway, Napa, CA 94558-6293. 18 b. Plaintiffs former record address: El Dorado County Jail, 300 Forni Road, 19 Placerville, CA 95667. 20 | Dated: July 5, 2023 22 3 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 24 DB: 15 25 | DB/DB Prisoner Inbox/Civil Rights/R/crai1622.fta show cause 26 27 28