Garcia v. Mendocino County Sherrif's Office et al

Filing 13

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 10/17/2016. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 10/17/2016)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JAVIER RYAN GARCIA, Plaintiff, United States District Court Northern District of California 11 12 13 14 Case No. 16-cv-01849-MEJ (PR) ORDER OF DISMISSAL v. PEARCE, et al., Defendants. 15 16 Plaintiff Javier Ryan Garcia filed the instant pro se civil rights action pursuant to 42 U.S.C. 17 § 1983, while an inmate at the Mendocino County Jail. On July 19, 2016, the court granted 18 plaintiff’s motion to proceed in forma pauperis, and issued an order of service. The court mailed 19 copies of both orders to plaintiff. On August 15, 2016, the orders were returned as undeliverable. 20 As of the date of this order, plaintiff has not updated his address with the court or 21 submitted any further pleadings in this case. Pursuant to Northern District Civil Local Rule 3-11, 22 a party proceeding pro se whose address changes while an action is pending must promptly file a 23 notice of change of address specifying the new address. See Civil L.R. 3-11(a). The court may, 24 without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court has 25 been returned to the court as not deliverable, and (2) the court fails to receive within sixty days of 26 this return a written communication from the pro se party indicating a current address. See Civil 27 L.R. 3-11(b). More than sixty days have now passed since the mail sent to plaintiff by the court 28 was returned as undeliverable. The court has not received a notice from plaintiff of a new address. Accordingly, the instant complaint is DISMISSED without prejudice. The clerk of the 1 2 court shall enter judgment and close the file. IT IS SO ORDERED. 3 4 Dated: October 17, 2016 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARIA-ELENA JAMES United States Magistrate Judge

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