Meier v. Martinez et al

Filing 9

ORDER OF DISMISSAL (Illston, Susan) (Filed on 1/31/2014) (Additional attachment(s) added on 1/31/2014: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JACY MICHAEL MEIER, 8 9 Plaintiff, ORDER OF DISMISSAL v. 10 United States District Court For the Northern District of California No. C 13-4769 SI (pr) LUIS MARTINEZ; et al., 11 Defendants. / 12 13 Mail that was sent on November 13, 2013 to plaintiff at the county jail address he 14 provided was returned to the court undelivered on November 29, 2013, marked "not in custody - 15 return to sender." Docket # 7. Plaintiff has not provided any address other than the one to which 16 the undeliverable mail was sent. More than sixty days have passed since the mail was first 17 returned to the court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which 18 requires that a party proceeding pro se must "promptly file with the Court and serve upon all 19 opposing parties a Notice of Change of Address specifying the new address" when his address 20 changes. Local Rule 3-11(b) allows the court to dismiss a complaint without prejudice when 21 mail directed to a pro se party is returned as not deliverable and the pro se party fails to file a 22 notice of his current address within sixty days of the return of the undelivered mail. For the 23 foregoing reasons, this action is dismissed without prejudice because plaintiff failed to keep the 24 court informed of his address in compliance with Local Rule 3-11(a). 25 The clerk shall close the file. 26 IT IS SO ORDERED. 27 28 Dated: January 31, 2014 _______________________ SUSAN ILLSTON United States District Judge

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?