Robinson v. Monterey County Jail et al

Filing 7

ORDER of Dismissal by Magistrate Judge Elizabeth D. Laporte. (Attachments: # 1 certificate of service)(shyS, COURT STAFF) (Filed on 3/23/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 BRIAN SCOTT ROBINSON, 7 Plaintiff, 8 9 v. ORDER OF DISMISSAL MONTEREY COUNTY JAIL, et al., Defendants. / 11 For the Northern District of California United States District Court 10 No. C 15-3787 EDL (PR) 12 Plaintiff, an inmate at the Monterey County Jail, filed a pro se civil rights complaint 13 under 42 U.S.C. § 1983. On January 5, 2016, the Court dismissed plaintiff’s complaint with 14 leave to amend. On January 21, 2016, mail sent from the Court to plaintiff was returned as 15 undeliverable because plaintiff was out of custody. As of the date of this order, plaintiff has 16 not updated his address with the court, or otherwise communicated with the court. 17 Pursuant to Northern District Civil Local Rule 3-11, a party proceeding pro se whose 18 address changes while an action is pending must promptly file a notice of change of 19 address specifying the new address. See Civil L.R. 3-11(a). The Court may, without 20 prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the Court has 21 been returned to the Court as not deliverable, and (2) the Court fails to receive within sixty 22 days of this return a written communication from the pro se party indicating a current 23 address. See Civil L.R. 3-11(b). More than sixty days have now passed since the mail 24 sent to plaintiff by the Court was returned as undeliverable. The Court has not received a 25 notice from plaintiff of a new address. 26 27 28 Accordingly, the instant complaint is DISMISSED without prejudice. The Clerk shall terminate all pending motions, enter judgment, and close the file. 1 2 3 IT IS SO ORDERED. Dated: March 23 , 2016 ELIZABETH D. LAPORTE United States Magistrate Judge 4 5 P:\PRO-SE\EDL\CR.15\Robinson787LR3-11dism.wpd 6 7 8 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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