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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 LEE RANDOLPH STEWART, Plaintiff, 10 United States District Court Northern District of California 11 12 13 Case No. 17-cv-01529-MEJ (PR) ORDER OF DISMISSAL v. STEVE FREITAS, et al., Defendants. 14 15 Plaintiff filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983, while an 16 inmate at the Sonoma County Jail. On June 29, 2017, the court granted plaintiff’s motion to 17 proceed in forma pauperis, and issued an order of dismissal with leave to amend. The court 18 mailed copies of both orders to plaintiff. On July 13 and July 17, 2017, the orders were returned 19 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. 1 2 3 4 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 5 6 MARIA-ELENA JAMES United States Magistrate Judge 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 2

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