Jones v. Vivas et al

Filing 13

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 03/18/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 3/19/2013)

Download PDF
1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 MONROE JONES, No. C-12-3062 TEH (PR) 8 Plaintiff, ORDER OF DISMISSAL 9 v. 10 DOCTOR VIVAS, et al., United States District Court For the Northern District of California 11 12 Defendants. 13 / 14 15 On November 6, 2012, this civil rights action was 16 dismissed under Civil Local Rule 3-11(b) because sixty days had 17 passed since the Court’s mail to Plaintiff had been returned as 18 undeliverable and the Court had not received a written communication 19 from him indicating a current address. 20 returned as undeliverable was an Order to Show Cause that was filed 21 on August 9, 2012. 22 “objection” to the dismissal order, asking that his case be re- 23 opened and the Order to Show cause be reinstated. 24 stated that, when he filed his complaint in April 2012, he was 25 housed in the San Francisco County Jail, but he was released on 26 October 22, 2012 and that his new address was: Monroe Jones; General 27 Delivery; San Francisco, California, 94142. 28 (Dkt #7). The mail that was On November 14, 2012, Plaintiff filed an (Dkt. #8). He On November 20, 2012, the Court issued an Order Reopening 1 the Case and Re-instating the Order to Show Cause. 2 an abundance of caution, the Court ordered the Clerk of the Court to 3 send a copy of the Order Reopening the Case and the Order to Show 4 Cause to Plaintiff’s new address and to his address at the San 5 Francisco County Jail. 6 (Dkt. #9). In On November 29, 2012, the mail that was sent to Plaintiff 7 at the San Francisco County Jail was returned as undeliverable. 8 (Dkt. #10). 9 change of address providing the same address he had given in his On December 18, 2012, Plaintiff filed a notice of 10 objection: Monroe Jones; General Delivery; San Francisco, 11 California, 94142. 12 had been sent to Plaintiff at his General Delivery address was 13 returned as undeliverable. 14 (Dkt. #11). On December 26, 2012, the mail that (Dkt. #12). Because sixty days have passed since the Court’s mail to 15 Plaintiff was returned as undeliverable, and the Court has received 16 no further written communication from Plaintiff indicating a current 17 address, the case is dismissed without prejudice pursuant to Civil 18 Local Rule 3-11(b). 19 The Clerk shall close the file. 20 IT IS SO ORDERED. 21 22 23 DATED 03/18/2013 THELTON E. HENDERSON United States District Judge 24 25 26 27 28 G:\PRO-SE\TEH\CR.12\Jones 12-3062-Dis 2x Ret'd Mail .wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?