Duque v. Davis

Summary

The court recommends dismissing Jason Allen Duque’s prisoner civil rights action without prejudice because he failed to file the required in forma pauperis affidavit and certified prison trust account statement. The magistrate judge also directs the clerk to assign a district judge and advises that objections may be filed within fourteen days.

Holdings

1. Service of documents at the party's address of record is fully effective under Eastern District of California Local Rule 182(f), even when the document is returned, and the plaintiff bears responsibility for keeping the court informed of a current address.
2. Because plaintiff failed to file the required in forma pauperis affidavit and certified prison trust account statement within the ordered period, dismissal of the action without prejudice was recommended.

Questions Presented

1. Whether the action should be dismissed without prejudice because plaintiff failed to comply with the court's order to submit in forma pauperis materials and a certified prison trust account statement.
2. Whether service at plaintiff's address of record was effective despite the apparent return of his copy of the order.

Disposition

other