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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

NORMAN HUBBS, 

Plaintiff, No. CIV S-04-2256 GEB DAD P

vs.

STEVEN MAYBERG, 

Defendant. ORDER

 /

On July 8, 2005, the undersigned filed findings and recommendations addressing

defendant’s motion to dismiss. A copy of the filing was served on plaintiff at the address he had

provided in a notice of change of address filed June 10, 2005. Plaintiff’s copy of the findings

and recommendations was returned to the court on July 21, 2005, marked undeliverable as

addressed, unable to forward, and no updated address provided. In findings and

recommendations filed on July 29, 2005, the undersigned recommended that this action be

dismissed for plaintiff’s failure to keep the court apprised of his current address.

On August 1, 2005, the court received from plaintiff a request for a copy of the

findings and recommendations filed July 8, 2005. In this filing plaintiff reveals that he was

returned to Atascadero State Hospital on June 28, 2005. On August 2, 2005, the Clerk re-served

the July 29, 2005 findings and recommendations on plaintiff at his new address but did not reCase 2:04-cv-02256-GEB-DAD Document 29 Filed 08/19/05 Page 1 of 3
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serve the July 8, 2005 findings and recommendations. The copy of the findings and

recommendations that was mailed to plaintiff on July 29, 2005, was subsequently returned to the

court on August 8, 2005, marked return to sender, unable to locate. On August 10, 2005, the

Clerk served another copy of the July 29, 2005 findings and recommendations on plaintiff at his

new address but did not re-serve the July 8, 2005 findings and recommendations.

Plaintiff has filed objections to the findings and recommendations filed July 29,

2005. He denies being in violation of the Local Rules and asserts that the rules give him 60 days

to file a notice of change of address. Plaintiff claims that the court had his correct address and

was able to serve him with documents at that address on July 22, July 29, and August 2, 2005.

Plaintiff is in error. All documents served by the court between June 10, 2005,

and August 1, 2005, were served on plaintiff at the Rancho Cucamonga address that became his

address of record on June 19, 2005, and continued to be his address of record until the court

received a document showing a new address on August 1, 2005. The court did not serve any

document on July 22, 2005. The document served on July 29, 2005, was sent to plaintiff in

Rancho Cucamonga and was returned to the court. The court served a document on plaintiff at

the Atascadero address on August 2, 2005, because plaintiff had filed a document showing that

address on August 1, 2005.

Local Rule 83-182(f) provides as follows:

Each attorney appearing and each party appearing in propria

persona is under a continuing duty to notify the Clerk and all other

parties of any change of address or telephone number of the

attorney or the party if appearing in propria persona. Absent such

notice, service of documents at the prior address of the attorney or

party shall be fully effective. Separate notice shall be filed with the

Clerk and served on all parties in each action wherein an

appearance has been made.

Local Rule 83-182(f). By order served in this action on November 23, 2004, the parties were

instructed as follows:

Each party shall keep the court apprised of a current address at all

times while the action is pending. Any change of address must be

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 The Local Rules were revised effective January 3, 2005, due to the court’s conversion

to electronic filing. Former Local Rule 83-182(d) became Local Rule 83-182(f).

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reported promptly to the court in a separate document captioned for

this case and entitled “Notice of Change of Address.” A notice of

change of address must be properly served on other parties. 

Pursuant to Local Rule 83-182(d),1 service of documents at the

record address of a party is fully effective. Failure to inform the

court of a change of address may result in the imposition of

sanctions including dismissal of the action.

(Order filed Nov. 23, 2004, at 5.)

In the interests of justice, the findings and recommendations filed July 29, 2005,

will be vacated. Plaintiff is cautioned that future changes of address must be reported promptly

and properly in accordance with the order filed November 23, 2004, and Local Rule 83-182(f). 

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed July 29, 2005 (docketed as #22) are

vacated;

2. Plaintiff’s requests filed August 1, 2005 (docketed as #23) and August 15,

2005 (docketed as #28) for a copy of the findings and recommendations filed July 8, 2005, is

granted;

3. The Clerk of the Court shall serve a copy of the findings and recommendations

filed July 8, 2005 (docketed as #19) upon plaintiff at his current address of record;

4. The Clerk of the Court shall also serve upon plaintiff a copy of the Local Rules

of Court as revised January 3, 2005; and

5. Plaintiff is granted ten court days from the date of this order to file and serve a

reply to the objections filed by defendant on July 22, 2005; this deadline will not be extended.

DATED: August 19, 2005.

DAD:13

hubb2256.vac

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