Rincon v. Humboldt County Correctional Facility

Filing 35

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Vince Chhabria on 8/1/2019. The deputy clerk hereby certifies that on 8/1/2019 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 8/1/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ARTHUR D. RINCON,

Case No. 18-cv-02160-VC (PR)

Plaintiff,
ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
WILLIAM HONSAL, et al.,
Defendants.

On April 11, 2018, Arthur Rincon, a state prisoner proceeding pro se, filed a civil rights
action under 42 U.S.C. § 1983.
On May 8, 2019, the Court sent Rincon an order granting a joint motion for an extension
of time. On May 17, 2019, the order was returned to the Court as undeliverable because Rincon
was no longer in custody.
Pursuant to Northern District Local Rule 3-11, a party proceeding pro se whose address
changes while an action is pending must promptly file a notice of change of address specifying
the new address. See Civil L.R. 3-11(a). The Court may, without prejudice, dismiss a complaint
when: (1) mail directed to the pro se party by the Court has been returned to the Court as not
deliverable, and (2) the Court fails to receive within sixty days of this return a written
communication from the pro se party indicating a current address. See Civil L.R. 3-11(b).
More than sixty days have passed since the mail sent to Rincon by the Court was returned
as undeliverable and the Court has not received a notice from Rincon of his current address.

Accordingly, the instant complaint is DISMISSED without prejudice pursuant to Rule 3-11 of
the Northern District Local Rules.

IT IS SO ORDERED.
Dated: August 1, 2019
______________________________________
VINCE CHHABRIA
United States District Judge

2