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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAVIER RYAN GARCIA,
Plaintiff,

United States District Court
Northern District of California

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Case No. 16-cv-01849-MEJ (PR)
ORDER OF DISMISSAL

v.
PEARCE, et al.,
Defendants.

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Plaintiff Javier Ryan Garcia filed the instant pro se civil rights action pursuant to 42 U.S.C.

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§ 1983, while an inmate at the Mendocino County Jail. On July 19, 2016, the court granted

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plaintiff’s motion to proceed in forma pauperis, and issued an order of service. The court mailed

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copies of both orders to plaintiff. On August 15, 2016, the orders were returned as undeliverable.

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As of the date of this order, plaintiff has not updated his address with the court or

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submitted any further pleadings in this case. Pursuant to Northern District Civil Local Rule 3-11,

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a party proceeding pro se whose address changes while an action is pending must promptly file a

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notice of change of address specifying the new address. See Civil L.R. 3-11(a). The court may,

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without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by the court has

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been returned to the court as not deliverable, and (2) the court fails to receive within sixty days of

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this return a written communication from the pro se party indicating a current address. See Civil

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L.R. 3-11(b). More than sixty days have now passed since the mail sent to plaintiff by the court

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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

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court shall enter judgment and close the file.
IT IS SO ORDERED.

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Dated:

October 17, 2016

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United States District Court
Northern District of California

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MARIA-ELENA JAMES
United States Magistrate Judge