Clark v. Alameda County Jail

Filing 7

ORDER of Dismissal. Signed by Judge Edward M. Chen on 6/18/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 6/18/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ERNEST J. CLARK, 8 9 Plaintiff, v. ORDER OF DISMISSAL ALAMEDA COUNTY JAIL, et al., 11 For the Northern District of California 10 United States District Court No. C-11-3187 EMC (pr) Defendants. ___________________________________/ 12 13 On February 16, 2012, mail was sent from the Court to Plaintiff at the address he provided 14 on his complaint and was returned undelivered on March 3 and 5, 2012, marked "return to sender" 15 and "not in custody." Plaintiff has not provided any address other than the one to which the 16 undeliverable mail was sent. More than sixty days have passed since the mail was returned to the 17 court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which requires that a party 18 proceeding pro se must "promptly file with the Court and serve upon all opposing parties a Notice of 19 Change of Address specifying the new address" when his address changes. Local Rule 3-11(b) 20 allows the Court to dismiss a complaint without prejudice when mail directed to a pro se party is 21 returned as not deliverable and the pro se party fails to send a current address within sixty days of 22 the return of the undelivered mail. This action is dismissed without prejudice because Plaintiff 23 failed to keep the Court informed of his address in compliance with Local Rule 3-11(a). The Clerk 24 shall close the file. 25 26 27 28 IT IS SO ORDERED. Dated: June 18, 2012 _________________________ EDWARD M. CHEN United States District Judge

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