Stewart v. Freitas et al

Filing 11

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 9/19/2017. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 9/19/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEE RANDOLPH STEWART,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-01529-MEJ (PR)
ORDER OF DISMISSAL

v.
STEVE FREITAS, et al.,
Defendants.

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Plaintiff filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983, while an

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inmate at the Sonoma County Jail. On June 29, 2017, the court granted plaintiff’s motion to

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proceed in forma pauperis, and issued an order of dismissal with leave to amend. The court

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mailed copies of both orders to plaintiff. On July 13 and July 17, 2017, the orders were returned

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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.

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Accordingly, the instant complaint is DISMISSED without prejudice. The Clerk of the
court shall enter judgment and close the file.
IT IS SO ORDERED.
Dated: September 19, 2017

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MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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