Jones v. City and County of San Francisco et al

Filing 13

ORDER of Dismissal. Motions terminated: 9 Motion to Dismiss GRANTED. Signed by Judge Edward M. Chen on 5/7/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 5/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL DEAN JONES,

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Plaintiff,

For the Northern District of California

United States District Court

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No. C-12-2870 EMC (pr)

v.

ORDER OF DISMISSAL

CITY AND COUNTY OF SAN
FRANCISCO; et al.,

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Defendants.
___________________________________/

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On January 29, 2013, mail was sent from the Court to Plaintiff at the address he provided on

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his complaint and was returned undelivered on February 19, 2013, marked “return to sender -

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attempted - not known - unable to forward.” (Docket # 12.) Plaintiff has not provided any address

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other than the one to which the undeliverable mail was sent. More than sixty days have passed since

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the mail was returned to the Court undelivered. Plaintiff has failed to comply with Local Rule 3-

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11(a) which requires that a party proceeding pro se must “promptly file with the Court and serve

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upon all opposing parties a Notice of Change of Address specifying the new address” when his

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address changes. Local Rule 3-11(b) allows the Court to dismiss a complaint without prejudice

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when mail directed to a pro se party is returned as not deliverable and the pro se party fails to send a

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current address within sixty days of the return of the undelivered mail. This action is DISMISSED

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without prejudice because Plaintiff failed to keep the Court informed of his address in compliance

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with Local Rule 3-11(a).

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Defendants’ unopposed motion to dismiss for failure to update address of record is
GRANTED. (Docket # 9.)
The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: May 7, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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