Meade v. Lee et al

Filing 8

ORDER DISMISSING CASE without prejudice; Signed by Judge Marilyn Hall Patel on 11/18/2010. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 11/18/2010)

Meade v. Lee et al

Doc. 8

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DEREK DUANE MEADE, Plaintiff, v. Correctional Officer LEE; et al., Defendants. /

No. C 10-963 MHP (pr) ORDER OF DISMISSAL

On August 27, 2010, mail was sent from the court to plaintiff at the address he provided and was returned undelivered on September 2, 2010, marked "RTS - PAR." Although the abbreviation is vague, it may mean that the envelope was to be returned to sender because the inmate paroled. Plaintiff has not provided any address other than the one to which the undeliverable mail was sent. More than sixty days have passed since the mail was returned to the court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which requires that a party proceeding pro se must "promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address" when his address changes. Local Rule 3-11(b) allows the court to dismiss a complaint without prejudice when mail directed to a pro se party is returned as not deliverable and the pro se party fails to send a current address within sixty days of the return of the undelivered mail. This action is dismissed without prejudice because plaintiff failed to keep the court informed

Dockets.Justia.com

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of his address in compliance with Local Rule 3-11(a). The clerk shall close the file. IT IS SO ORDERED. Dated: November 18, 2010 _____________________ Marilyn Hall Patel United States District Judge

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