Free Order to Show Cause - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Frank Andrew Vasquez, Plaintiff, vs. Scott Hazelett, et al., Defendants.

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No. CV 03-0012 PHX-ROS (LOA) ORDER

This matter arises on the Court's review of the file. Plaintiff commenced this action on
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January 2, 2003. (document # 1) On January 9, 2003, the Court granted Plaintiff leave to
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proceed in forma pauperis, ordered service on Defendants, and ordered Plaintiff immediately
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to advise the Court in writing of any change in his address. (document # 3) On August 5, 2005,
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the Court issued a scheduling order directing Plaintiff to respond to Defendants' Motion to
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Dismiss on or before September 13, 2005. (document # 11) On August 15, 2005, the Court's
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August 5, 2005 Order was returned marked "not deliverable as addressed, unable to forward."
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(document # 12) Plaintiff has failed to comply with the Court's Order regarding his address.
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Pursuant to FED.R.CIV.P. 41(b), the Court may dismiss an action for failure to comply
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with any order of court. Because Plaintiff has failed to comply with the Court's January 9, 2005
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Order, the Court will order Plaintiff to show cause on or before September 20, 2005 why his
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action should not be dismissed without prejudice. Alternatively, the Court orders Plaintiff to
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advise the Court in writing of his new address on or before September 20, 2005. Plaintiff's
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Case 2:03-cv-00012-ROS

Document 13

Filed 08/30/2005

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failure either to show cause or to advise the Court in writing of his new address may result in dismissal of his cause of action without prejudice. Accordingly, IT IS HEREBY ORDERED that on or before September 20, 2005, Plaintiff shall either (1) show cause why his action should not be dismissed without prejudice for failure to comply with Court orders pursuant to FED.R.CIV.P. 41(b); or (2) notify the Court in writing of his current address. DATED this 29th day of August, 2005.

Case 2:03-cv-00012-ROS

-2Document 13 Filed 08/30/2005

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