Hickman v. County of Butte et al

Filing 13

ORDER of Dismissal. Signed by Judge Edward M. Chen on 12/10/2013. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 12/10/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 CLARENCE B. HICKMAN, SR., 9 Plaintiff, 10 v. 11 For the Northern District of California United States District Court No. C-13-2147 EMC (pr) COUNTY OF BUTTE; et al., 12 ORDER OF DISMISSAL Defendants. ___________________________________/ 13 14 On September 9, 2013, mail was sent from the Court to Plaintiff at the address he provided 15 on his complaint and was returned undelivered on September 25, 2013, marked “return to sender - 16 not deliverable as addressed - unable to forward.” (Docket # 12.) Plaintiff has not provided any 17 address other than the address to which the undeliverable mail was sent. More than sixty days have 18 passed since the mail was returned to the Court undelivered. Plaintiff has failed to comply with 19 Local Rule 3-11(a) which requires that a party proceeding pro se must “promptly file with the Court 20 and serve upon all opposing parties a Notice of Change of Address specifying the new address” 21 when his address changes. Local Rule 3-11(b) allows the Court to dismiss a complaint without 22 prejudice when mail directed to a pro se party is returned as not deliverable and the pro se party fails 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 to send a current address within sixty days of the return of the undelivered mail. This action is 2 dismissed without prejudice because Plaintiff failed to keep the Court informed of his current 3 address in compliance with Local Rule 3-11(a). The Clerk shall close the file. 4 5 IT IS SO ORDERED. 6 7 Dated: December 10, 2013 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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