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

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Case 2:03-cr-01204-SMM Document 228 Filed 05/31/2006 Page 1 of 2
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SC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )

United States of America,

CR 03-01204-PHX-SMM CV 05-2368-PHX-SMM (BPV) ORDER TO SHOW CAUSE

Jose Plaza Rodriguez, Defendant/Movant.

Movant Jose Rodriguez-Plaza, a federal inmate, filed a motion to vacate on August 8, 2005. The same day, a Notice of Assignment was mailed to Movant notifying him that the action had been assigned to this Court and referred to Court staff and Magistrate Judge Morton Sitver. (Dkt. 2 at 1.)1 The Notice expressly warned Movant that the failure to file a Notice of Change of Address if his address changed could result in dismissal of this action. See LRCrim. 57.14; LRCiv. 83.3(d) (an unrepresented party in an action in district court must file a written notice advising of a change of address). On May 4, 2006, a Minute Order issued reassigning this action to Magistrate Judge Bernardo P. Velasco. (Dkt. 3.) A copy of the Minute Order mailed to Movant's address of record was returned indicating that Movant is "no longer in custody." (Dkt. 4.) Because it appears that Movant has failed to comply with the requirement to file a notice of change of

"Dkt." refers to the docket number of documents filed in the civil case.

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address, he will be ordered to show cause why his action should not be dismissed without prejudice. Movant will be required to file a Response to this Order within 30 days stating the reasons why this action should not be dismissed for failure to file a notice of change of address. The failure to file a Response within that time will result in the dismissal of this action without prejudice or further notice. IT IS ORDERED: (1) Movant must, within 30 days of the filing date of this Order, submit a Response stating why this action should not be dismissed for failure to file a Notice of Change of Address. (2) The Clerk of Court shall close this action and enter a judgment of dismissal of this action and the companion civil case, CV 05-2368-PHX-SMM (BPV), without prejudice and without further order of the Court if a Response to this Order to Show Cause is not filed within 30 days of the filing date of this Order. DATED this 23rd day of May, 2006.

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