Gonzalez v. Chriese et al

Filing 9

ORDER OF DISMISSAL (Illston, Susan) (Filed on 8/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW M GONZALEZ,

Case No. 16-cv-00741-SI

Plaintiff,
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v.

ORDER OF DISMISSAL

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SPRING CHRIESE, et al.,
Defendants.

United States District Court
Northern District of California

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Mail that was sent on June 13, 2016 to plaintiff at the county jail address he provided was

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returned to the court undelivered on June 27, 2016. Docket No. 8. The envelope containing the

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returned mail has one sticker that states “return to sender - not deliverable as addressed - unable to

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forward” on top of another sticker from the Alameda County Sheriff that states “not in custody -

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return to sender,” although the latter sticker is not visible on the copy of the document in the

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electronic court file. Plaintiff has not provided any address other than the one to which the

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

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the court undelivered. Plaintiff has failed to comply with Local Rule 3-11(a) which requires that a

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party proceeding pro se must "promptly file with the Court and serve upon all opposing parties a

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Notice of Change of Address specifying the new address" when his address changes. Local Rule

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

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party is returned as not deliverable and the pro se party fails to file a notice of his current address

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within sixty days of the return of the undelivered mail. For the foregoing reasons, this action is

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dismissed without prejudice because plaintiff failed to keep the court informed of his address in

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compliance with Local Rule 3-11(a).

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The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: August 31, 2016
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SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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