Sanchez v. Gonzalez

Filing 8

ORDER DISMISSING CASE. Signed by Judge Edward M. Chen on 5/8/2024. (vla, COURT STAFF) (Filed on 5/8/2024)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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAMMY B. SANCHEZ,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 23-cv-06552-EMC
ORDER OF DISMISSAL
Docket No. 2

GONZALEZ,
Defendant.

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On December 20, 2023, the Clerk of the Court sent two notices to Plaintiff. Docket Nos.

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3, 4. This mail was returned undelivered on February 26, 2024, bearing a stamp that read in part

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“return to sender – unable to forward.” Docket No. 7.

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The Clerk’s notices were sent to Plaintiff at the address he provided. See Docket Nos. 3, 4

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(showing they were sent to the California Medical Facility in Vacaville). Plaintiff has not

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provided any address other than the address to which the undeliverable mail was sent. More than

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sixty days have passed since the mail was returned to the Court undelivered, and the Court has

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received no communication from Plaintiff.
Plaintiff has failed to comply with Local Rule 3-11(a) which requires a party proceeding
pro se to “promptly file with the Court and serve upon all opposing parties a Notice of Change of
Address specifying the new address” when his address changes. Local Rule 3-11(b) allows the
Court to dismiss a complaint without prejudice when mail directed to a pro se party is returned as
not deliverable and the pro se party fails to send written notice of his current address within sixty
days of the return of the undelivered mail.
This action is DISMISSED without prejudice because Plaintiff failed to keep the Court
informed of his address in compliance with Local Rule 3-11(a).

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Plaintiff’s in forma pauperis application is DENIED because he failed to file a completed

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in forma pauperis form as required by 28 U.S.C. § 1915(a). Docket No. 2.

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The Clerk shall close the file. This order disposes of Docket No. 2.

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IT IS SO ORDERED.

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Dated: May 8, 2024

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______________________________________
EDWARD M. CHEN
United States District Judge

United States District Court
Northern District of California

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