Bolton v. Karen

Filing 46

ORDER OF DISMISSAL. Signed by Magistrate Judge Laurel Beeler on 12/13/2016. (lsS, COURT STAFF) (Filed on 12/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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GARY E. BOLTON,

Case No. 15-cv-05238-LB

Plaintiff,
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v.

ORDER OF DISMISSAL

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KAREN DOYLE,

[Re: ECF No. 39 ]

Defendant.
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On September 30, 2016, mail was sent from the court to the plaintiff at the most recent address

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he provided to the court and was returned undelivered on October 12, 2016, marked “return to

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sender - not deliverable as addressed - unable to forward.” (ECF No. 45.) Mail sent from the court

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to the plaintiff at the other address he provided to the court had been returned undelivered on

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July 21, 2016. (ECF No. 37.) The plaintiff has not provided any address other than the addresses

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

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returned to the court undelivered. The plaintiff has failed to comply with Local Rule 3-11(a) which

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requires a party proceeding pro se to “promptly file with the Court and serve upon all opposing

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parties a Notice of Change of Address specifying the new address” when his address changes.

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Local Rule 3-11(b) allows the court to dismiss a complaint without prejudice when mail directed

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to a pro se party is returned as not deliverable and the pro se party fails to send a current address

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within sixty days of the return of the undelivered mail. This action is DISMISSED without

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prejudice because the plaintiff failed to keep the court informed of his address in compliance with

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Local Rule 3-11(a).

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In light of the foregoing dismissal, the defendant’s motion for summary judgment is
DISMISSED as moot. (ECF No. 39.)

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IT IS SO ORDERED.

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Dated: December 13, 2016

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____________________________
LAUREL BEELER
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY E. BOLTON,

Case No. 3:15-cv-05238-LB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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KAREN DOYLE,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on December 13, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Gary E. Bolton ID: CC15HC653
Martinez County Jail
901 Court Street
Martinez, CA 94533

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Dated: December 13, 2016
Susan Y. Soong
Clerk, United States District Court
By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER

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