Summary
The United States District Court for the Eastern District of California orders federal habeas petitioner Travis Sulton to show cause within 14 days why his action should not be dismissed. The order cites the petitioner’s failure to update his address after mail was returned as undeliverable and discusses dismissal for failure to comply with local rules and failure to prosecute.
Topics
Practice areas
Questions Presented
- Whether the Court should require Petitioner to show cause why his habeas action should not be dismissed for failure to comply with the Local Rules and failure to prosecute after mail was returned as undeliverable and he failed to provide a current address.
Holdings
- Because Petitioner failed to notify the Court of his current address after mail was returned undeliverable, the Court properly ordered him to show cause within 14 days why the action should not be dismissed for failure to comply with the Local Rules and failure to prosecute.
Key quotations
“If mail directed to a plaintiff in propria persona by the Clerk is returned by the U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within thirty (30) days thereafter of a current address, the Court may dismiss the action without prejudice for failure to prosecute.” (at 1-2)
Factual background
Sulton, a federal prisoner proceeding pro se and in forma pauperis, filed a § 2241 petition challenging the denial of approximately 270 days of earned-time credit that he claimed should have shortened his supervised-release period. The Court's August 20, 2025 order was returned by the Postal Service marked “Undeliverable, No Longer at Facility.” Sulton had not updated his address more than 30 days later, and a Bureau of Prisons database search indicated that he had been released from custody on November 26, 2024.
Procedural history
Sulton filed the § 2241 petition on May 8, 2023. Following preliminary review, the Court ordered Respondent to respond and established a briefing schedule on August 20, 2025. The order was returned as undeliverable on October 15, 2025, and Petitioner did not provide a current address within the ensuing 30 days. The Court therefore ordered Petitioner to show cause within 14 days why the action should not be dismissed, but did not dismiss the action in this order.