Johnson v. United States ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff/Respondent, v. No. 15-CR-4277 WJ No. 18-CV-0376 WJ/KRS JARVIS JOHNSON, Defendant/Movant. ORDER TO SHOW CAUSE This matter is before the Court sua sponte in connection with Defendant/Movant Jarvis Johnson’s 28 U.S.C. § 2255 habeas proceeding. On November 13, 2020, the Court ordered Defendant/Movant to notify the Court of his current address by December 14, 2020, and Defendant/Movant has failed to do so. Local Rule 83.6 provides that pro se parties have “a continuing duty to notify the Clerk, in writing, of any change in their … mailing address[][.]” It appears that Plaintiff did not notify the Court of his new address, thus severing contact with the Court. Because Defendant/Movant has failed to comply with the Court’s Order and local rules, he will be required to show cause why this action should not be dismissed. See Brandenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980) (“It is incumbent on litigants, even those proceeding pro se, to follow the federal rules of procedure. … The same is true of simple, nonburdensome local rules.”) (citations omitted). Failure to comply with this Order may result in dismissal without further notice. IT IS THEREFORE ORDERED that, by January 5, 2021, Defendant/Movant shall notify the Clerk in writing of his current address or otherwise show cause why this action should not be dismissed. UNITED STATES MAGISTRATE JUDGE