O'Shea v. Wagstaffe

Filing 8

ORDER OF DISMISSAL. Signed by Judge Trina L. Thompson on 9/19/2022. (bxs, COURT STAFF) (Filed on 9/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES JOHN O’SHEA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 22-cv-03250-TLT ORDER OF DISMISSAL v. STEPHEN M WAGSTAFFE, Defendant. 12 13 Plaintiff, a state prisoner housed at North Kern State Prison at the time of filing on June 3, 14 2022, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983, regarding conduct by City 15 of Pacifica police officers and the San Mateo County District Attorney in 2016 and 2018. ECF 16 No. 1. Plaintiff has not communicated with the Court since he filed his initial complaint and 17 simultaneous consent to magistrate judge jurisdiction. ECF Nos. 1,2. The court orders and 18 notices served on Plaintiff have been returned to the Court as undeliverable with the notation that 19 Plaintiff is a parolee or on parole. ECF. Nos. 4, 7. The Court is unable to locate Plaintiff in the 20 California Department of Corrections and Rehabilitation (CDCR) Inmate Locator. 21 Pursuant to Northern District Local Rule 3-11, a party proceeding pro se must promptly 22 file a notice of change of address while an action is pending. See N.D. Cal. L.R. 3-11(a). The 23 Court may, without prejudice, dismiss a complaint when: (1) mail directed to the pro se party by 24 the Court has been returned to the court as not deliverable, and (2) the Court fails to receive within 25 sixty days of this return a written communication from the pro se party indicating a current 26 address. See L.R. 3-11(b). The first court notice was returned as undeliverable on June 30, 2022. 27 ECF. No. 4. More than sixty days have passed since the mail addressed to Plaintiff was returned 28 as undeliverable. The Court has not received a notice from Plaintiff of a new address. 1 Accordingly, the instant civil rights action is DISMISSED without prejudice pursuant to N.D. Cal. 2 L. R. 3-11. 3 The Clerk shall terminate any pending motions, enter judgment, and close the file. 4 IT IS SO ORDERED. 5 Dated: September 19, 2022 6 7 TRINA L. THOMPSON United States District Judge 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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