(PC) Kendrid v. Marzan ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FORREST KENDRID, No. 2:22-cv-2301 TLN CSK P 12 Plaintiff, 13 v. ORDER 14 MARZAN, et al., 15 Defendants. 16 17 Plaintiff is a former civil detainee, proceeding without counsel, with this civil rights action 18 pursuant to 42 U.S.C. § 1983. On September 10, 2024, this Court ordered plaintiff to show cause 19 within thirty days why this action should not be dismissed for failure to prosecute. (ECF No. 38.) 20 For the following reasons, the September 10, 2024 order to show cause is discharged, and 21 plaintiff is ordered to file a status report within thirty days. 22 On June 27, 2024, this Court issued a further scheduling order setting the pretrial 23 conference for December 3, 2024. (ECF No. 36.) Plaintiff’s pretrial statement is due on or 24 before November 12, 2024. (Id.) Defendants’ pretrial statement is due on or before November 25 26, 2024. (Id.) On July 8, 2024, the June 27, 2024 further scheduling order was returned, marked 26 “unclaimed.” (Id.) Plaintiff has not filed a notice of change of address since his mail was 27 returned. Based on this record, the Court issued the order to show cause filed September 10, 28 1 2024. (ECF No. 38.) 2 On September 24, 2024, plaintiff left a voice message with court staff. In the voice 3 message, plaintiff states that he is hospitalized and that he is unable to write due to his disability. 4 Plaintiff states that following his hospitalization, he will be housed at a board and care home. 5 Plaintiff requests that the Court serve his orders on his aunt, whose address plaintiff provides. 6 Plaintiff states that his aunt will bring plaintiff’s mail to the hospital and that plaintiff will do his 7 best to respond. 8 This Court is sympathetic to plaintiff’s hospitalization. It is unclear whether plaintiff is 9 able to prosecute this action. Good cause appearing, the September 10, 2024 order to show cause 10 is discharged. Within thirty days of date of this order, plaintiff shall file a status report addressing 11 whether he is still hospitalized or has been moved to a board and care home. In the status report, 12 plaintiff shall also inform the Court of his current address. In addition, plaintiff shall submit with 13 his status report medical records supporting his claim that he is unable to write or otherwise 14 unable to prosecute this action. If plaintiff does not file this status report within thirty days, this 15 Court will recommend dismissal of this action for failure to prosecute. 16 On September 24, 2024, a letter from Yolanda Smith was filed in the instant action. (ECF 17 No. 39.) In this letter, Ms. Smith states that she delivers plaintiff’s mail to plaintiff while he in 18 the hospital at the Los Angeles General Medical Center. Ms. Smith also states that plaintiff’s 19 mailing address is 3131 W. 69th Street, Los Angeles, California. In his voice message, plaintiff 20 stated that his mailing address is 3171 W. 61 Street, Los Angeles, California, 90043. 21 This Court presumes that Ms. Smith is plaintiff’s aunt and that plaintiff may receive mail 22 at the address provided in Ms. Smith’s letter. On this one occasion, this Court will direct the 23 Clerk of the Court to serve the instant order on plaintiff at the address provided by Ms. Smith. 24 Plaintiff is informed that Ms. Smith is not authorized to file pleadings on plaintiff’s behalf. 25 Plaintiff shall not further communicate with the Court via telephone/voice message. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The September 10, 2024 order to show cause is discharged; 28 2. Within thirty days of the date of this order, plaintiff shall file the status report discussed 1 || above; 2 3. The Clerk of the Court is directed to serve the instant order on plaintiff at the following 3 | address: 3131 W. 69th Street, Los Angeles, California, 90043; and 4 4. Failure to comply with this order will result in a recommendation of dismissal of this 5 || action. 6 7 || Dated: October 3, 2024 8 ( haa Spo CHI SOO KIM ? UNITED STATES MAGISTRATE JUDGE 10 1] 12 | Ken2301.ord 13 | 2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28